Delhi High Court
M.M. Dhonchak vs Union Of India on 18 November, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar, Anoop Kumar Mendiratta
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 1121/2024 and CM APPL. 66773/2024
M.M. DHONCHAK .....Appellant
Through: Mr. Tanuj Jaglan, Advocate
with appellant in person
versus
UNION OF INDIA .....Respondent
Through: Mr. Ravi Prakash, CGSC with
Mr. Aakash Meena and Mr. Taha Yasin,
Advocates
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER (ORAL)
% 18.11.2024
C. HARI SHANKAR, J.
1. This Letters Patent Appeal under Clause 10 of the Letters Patent applicable to this Court assails order dated 21 October 2024 whereby the learned Single Judge has merely rejected the application seeking preponement of hearing.
2. As held by the Supreme Court in Shah Babulal Khimjki v. Jayaben D. Kania and Ors1., a Letters Patent Appeal under Clause 10 of the Letters Patent is maintainable only against a judgment. The judgment has been defined in the said case as a decision which determines the right of one of the parties to the litigation even if it is at 1 (1981) 4 SCC 8 Signature Not Verified Digitally Signed By:AJIT LPA 1121/2024 Page 1 of 2 KUMAR Signing Date:25.11.2024 19:12:17 an interim stage.
3. The impugned order does not do so. The LPA is not maintainable. It is accordingly dismissed.
C. HARI SHANKAR, J.
ANOOP KUMAR MENDIRATTA, J.
NOVEMBER 18, 2024/yg Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AJIT LPA 1121/2024 Page 2 of 2 KUMAR Signing Date:25.11.2024 19:12:17