Commissioner Of Industries, ... vs Shree Jee Roadlines & Ors.
2020 Latest Caselaw 2459 Del

#2
       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Judgment Delivered On: 21.08.2020

LPA 217/2020

COMMISSIONER OF INDUSTRIES, GNCTD .....Appellant

                           versus

SHREE JEE ROADLINES & ORS                              ......Respondents

Advocates who appeared in this case:
For the Appellant           : Ms. Hetu Arora Sethi, Additional Standing
                              Counsel, GNTCD
For the Respondents         : Mr. A. Mariarputham, Senior Advocate with Mr.
                              Avneesh Arputham and Mr. Anuradha Arputham,
                              Advocates for R-1 to R-14
                              Mr. Rajesh Gogna, CGSC for R-16

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH

                           JUDGMENT

SIDDHARTH MRIDUL, J. (via Video Conferencing)

CM APPL. 19840/2020 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

CM APPL. 19841/2020 (Exemption)

The present application under Section 151 of the Code of Civil

Procedure, 1908 has been filed on behalf of the applicant/appellant

seeking exemption from filing duly notarized/attested affidavits in

support of the accompanying appeal as well as applications.

For the reasons stated in the application and in view of the

present prevailing situation, the same is allowed. The

applicant/appellant is allowed to file the duly signed, notarized and

attested affidavits within a period of one week from the date of

resumption of regular functioning of the Court.

With the above direction, the present application is disposed of.

LPA 217/2020 & CM APPL.19839/2020 (Stay)

1. The present letters patent appeal under Clause 10 of the Letters

Patent read with the provisions of the Delhi High Court Rules, has

been instituted on behalf of the appellant, praying as follows:

"(a) Pass an order setting aside the order dated 17.02.2020 passed by the learned Single Judge in Writ Petition No.560/2020;

(b) Pass an order allowing the present appeal in terms of the relief sought by the appellant in CM No.6199/2020;

(c) Pass any such other order or orders as may be deemed fit and proper."

2. After some arguments, Ms. Hetu Arora Sethi, learned

Additional Standing Counsel appearing on behalf of the

Commissioner of Industries, Government of National Capital Territory

of Delhi, the appellant herein, limits the relief in the present Letters

Patent Appeal to the grant of extension of time in order to enable them

to comply in letter and spirit with the final order dated 15.01.2020,

passed by the learned Single Judge in W.P. (C) 560/2020 titled as 'M/s

Shree Jee Roadlines and Ors. vs. Bharat Petroleum Corporation Ltd.

and Ors.'

3. Issue notice.

4. Mr. Avneesh Arputham, learned counsel accepts notice on

behalf of the respondent Nos.1 to 14 and Mr. Rajesh Gogna, learned

Central Government Standing Counsel accepts notice on behalf of the

respondent No.16.

5. Having heard learned counsel appearing on behalf of the parties

and perused the relevant record and in view of the ongoing Corona

Virus pandemic, we are of the view that it would be in the interest of

justice to extend the time for compliance with the directions issued by

the learned Single Judge vide order 15.01.2020 in W.P. (C) 560/2020,

for a further period of four weeks from today.

6. Directed accordingly.

7. It is clarified that in view of the circumstance that the said final

order was passed by the learned Single Judge as far back as on

15.01.2020, no further extension shall be granted to the appellant to

comply with the directions issued therein.

8. The Bharat Petroleum Corporation Limited/respondent No.15,

shall not suspend the loading of the trucks of the private respondents

for a period of one week from the date of compliance by the appellant

of the directions issued by the learned Single Judge vide the said order

dated 15.01.2020.

9. No further directions are called for.

10. With the above directions, the present appeal is disposed of.

The pending application also stands disposed of.

11. A copy of this judgment be provided electronically to learned

counsel appearing on behalf of both the parties and be also uploaded

on the website of this Court forthwith.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE)

AUGUST 21, 2020 dn/as

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