Citation : 2018 Latest Caselaw 3544 Del
Judgement Date : 15 June, 2018
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA No.332/2018
AMITY LAW SCHOOL DELHI .....Appellant
Through: None.
Versus
AANYA KAMESHWAR AND ORS .....Respondents
Through: Mr. Anivesh Bhardwaj, Adv for R-1-29.
Mr. Preetpal Singh, Adv for BCI.
Mr. Harsh Kaushik, Mr. Sarita Panda, Adv
for GGSIPU.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
HON'BLE MR. JUSTICE A.K. CHAWLA
ORDER
% 15.06.2018 C.M. No. 25250/2018 (MODIFICATION)
As HMJ C. Harishankar has recused himself from the present appeal, a fresh bench is constituted.
Several attempts have been made to contact the counsel for the appellant, however although his phone was ringing earlier but thereafter his number is switched off. An alternative contact number of the associate counsel appearing on behalf of the appellant was provided by the counsel for the respondent, however he also chose not to reply, when contacted.
We have perused the application. Present application has been filed by the applicant/appellant under Section 151, CPC, 1908 for modification/correction of order dated 11.06.2018, passed by this Court and has prayed as under:
"a. prepone the date of hearing of Writ Petition (C) No.5285/2018 to 03.07.2018 and modify the order dated 11.06.2018 accordingly observing therein that holding of extra classes/tutorial for seven days shall be without prejudice to right and contentions of the parties and shall be subject to final outcome of the Writ Petition; b. observe that extra classes/tutorial for seven days as directed by Learned Single Judge may be commenced w.e.f. 08.07.2017;
c. observe in the order dated 11.06.2018 that the Writ Petition shall be decided by the Learned Single Judge without being influenced by observations/findings recorded in the Impugned Interim Judgement and Order dated 01.06.2018 passed in Civil misc. Appl. No.20524/2018 in Writ Petition (C) No.5285/2018, as dictated in the open court;
d. correct the date of order passed by the learned Single Judge as 01.06.2018 in place of 09.07.2018 in Para 9 of the order dated 11.06.2018;
e. observe in order dated 11.06.2018 that the contention of the Senior Counsel for Respondent Nos.1, 9, 11, 27 & 28 that the order dated 01.06.2018 was passed in presence of Counsel for Petitioners, is incorrect; "
On 11.06.2018 the present LPA No.332/2018 was taken up for hearing and the following order was passed:
"9. At this stage, counsel for the petitioner on instructions submits that the period of 10 days for holding classes granted vide order dated 09.07.2018 by the learned Single Judge may be extended till 08.07.2018 as the matter is now listed before the learned Single Judge on 09.07.2018.
10. Counsel for the respondents have no objections if the present appeal is disposed of.
11. Accordingly, the present appeal is disposed of in terms of assurance given by the counsel for the petitioner that they would conduct the extra classes tutorial before 08.07.2018. The recalculation of the attendance of the students for the 9th Semester would remain subject to final outcome in the writ petition.
12. Copy of the order be given Dasti under signatures of Court Master."
Prayer as far as modification of date in Third Line of Para 9 of the order dated 11.06.2018 is concerned, is allowed. The date in Third Line of Para 9 be read as "01.06.2018...."
Application stands disposed of in the above terms.
SANGITA DHINGRA SEHGAL, J.
A.K. CHAWLA, J.
JUNE 15, 2018//gr
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