Union Of India & Anr vs National Cooperative Consumers ...
2019 Latest Caselaw 3547 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                                  Date of decision : 31st July, 2019

+      LPA 54/2019 and CM Nos. 4116-4117, 4121/2019

       UNION OF INDIA & ANR                  ..... Appellants
                     Through: Mr. Sanjay Jain, ASG with
                     Mr. Ruchir Mishra, Mr. Sanjiv Kumar
                     Saxena, Mr. Mukesh Kumari Tiwari, Mr.
                     Ramneek Mishra and Mr. Abhishek Rana,
                     Advs.

                         versus

       NATIONAL COOPERATIVE CONSUMERS FEDERATION
       OF INDIA LTD                        ..... Respondent
                    Through: Mr. Jayant Mehta, Mr. Aaditya
                    Vijay Kumar, Mr. Aneesh Sadhwani and
                    Ms. Anu Shrivastava, Advs. for Brijender
                    Singh

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                          ORDER

% 31.07.2019 D.N. PATEL, CHIEF JUSTICE (ORAL)

CM Nos.4117/2019 and 4121/2019 (condonation of delay)

1. These applications have been preferred under Section 5 of the Limitation Act for condonation of delay in filing and refiling the appeal.

2. Having heard Mr. Sanjay Jain, learned Additional Solicitor General appearing for the appellant and looking into the reasons stated in these applications, there are reasonable reasons for condoning the delay. We, therefore, condone the delay in filing as well as refiling the appeal.

3. The applications are accordingly allowed and disposed of.

LPA 54/2019

4. This Letter Patent Appeal has been preferred challenging the interim order dated 21st May, 2018 passed by this Court in W.P.(C) 5368/2018.

5. This Court has already stayed the impugned order dated 21st May, 2018 passed in W.P.(C) 5368/2018 vide order dated 29th January, 2019.

6. We have heard learned Additional Solicitor General appearing for the appellant at length.

7. It appears that the main writ petition is still pending before the learned Single Judge and is now listed for further hearing on 9th August, 2019.

8. We therefore hereby direct that the stay granted by this Court on 29th January, 2019 shall continue to be in operation till the final disposal of W.P.(C) 5368/2018. The writ petition shall be decided by the learned Single Judge on its merits without being influenced by the order passed by this Court in this appeal.

9. With these observations, this Letter Patent Appeal is hereby disposed of.

CM No. 4116/2019

10. In view of the order passed in the appeal, this application stands disposed of.

                                                CHIEF JUSTICE



JULY 31, 2019/kr                              C. HARI SHANKAR, J.