N. Narasimhan vs Union Of India & Ors
2020 Latest Caselaw 1110 Del

$~35
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                            Date of Decision: 18.02.2020
+      LPA 361/2019
       N. NARASIMHAN                           ..... Appellant
                    Through: Mr. V. Shekhar, Sr. Adv. with
                    Mr.R.K. Singh, Adv.

                          versus

       UNION OF INDIA & ORS                          ..... Respondents
                     Through: Mr. Amit Mahajan, CGSC with
                     Mr.Arjun Dev, Adv. along with Ms. Deepmala
                     Bagri, Assistant Director (Law), SFIO for R-1 &
                     R-2
                     Mr. Jatin Puniyani, G.P. for UOI
                     Mr. Febin M. Varghese & Mr. Dhiraj A. Philip,
                     Advs. for R-3

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

                                   JUDGMENT

: D.N. PATEL, Chief Justice (Oral)

CM APPL.6570/2020 (Exemption) in REVIEW PET.74/2020 Allowed, subject to all just exceptions.

Applications stand disposed of.

CM APPL.6571/2020 (Delay) in REVIEW PET.74/2020 This application has been preferred under Section 5 of the Limitation Act for condonation of delay of 118 days in preferring this review petition.

Having heard the counsel for the appellant and looking into the reasons stated in the application, there are reasonable grounds for condonation of delay. We hereby condone the delay of 118 days in preferring this review petition.

The application is allowed and disposed of.

REVIEW PET.74/2020

1. This review petition has been preferred by the original appellant in LPA 361/2019 which was disposed of by this Court vide judgment and order dated 19th September, 2019 (Annexure C to the memo of this appeal).

2. Having heard the counsel for both sides and looking to the facts and circumstances of the case, it appears that this appellant had preferred LPA No.361/2019 and on 19th September, 2019 the following order was passed which reads as under:

"LPA 361/2019 Learned Senior counsel for the appellant (original petitioner) submits that he is not pressing the appeal at this stage if liberty is given to the appellant (original petitioner) to file a review application before the learned Single Judge in W.P.(C) 5183/2019 for review of judgment and order dated 14th May, 2019.

In view of the above submissions, this Letters Patent Appeal is dismissed as withdrawn, reserving liberty with the appellant (original petitioner) to file a review application before the learned Single Judge for review of judgment and order dated 14th May, 2019 passed in WP(C) no. 5183/2019.

CM APPL. 24628/2019 In view of the order passed in the appeal, this miscellaneous application stands disposed of."

3. It further appears from the facts of the case that this applicant had earlier preferred a review petition before the learned Single Judge being Review Petition No.425/2019 in W.P.(C) 5183/2019. The said review petition was finally decided by the learned Single Judge vide judgment and order dated 17th October, 2019. Being aggrieved and feeling dissatisfied by the order of the learned Single Judge, this applicant has already preferred another Letters Patent Appeal being LPA No.701/2019 against the order dated 17th October, 2019 passed by the learned Single Judge in Review Petition No.425/2019.

4. Thus, we see no reason to entertain this Review Petition in LPA 361/2019 as there is no error apparent on the face of the record. It appears that this applicant is a chance taking appellant. Firstly, he had withdrawn LPA 361/2019 with liberty to move a review petition before the learned Single Judge and after dismissal of his review petition by the learned Single Judge, he has now preferred review petition in this Letters Patent Appeal. Therefore, there is no justifiable reason at all for review of our order dated 19th September, 2019. Hence, this review petition is hereby dismissed.

CHIEF JUSTICE

C.HARI SHANKAR, J

FEBRUARY 18, 2020 ns