Delhi High Court
Shalini Singh vs United India Insurance Company ... on 27 July, 2020
#1
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 27.07.2020
LPA 184/2020 & CM APPL. 16492/2020
SHALINI SINGH .....Appellant
versus
UNITED INDIA INSURANCE COMPANY
LIMITED & ORS ..... Respondents
Advocates who appeared in this case:
For the Appellant : Mr. Ravi Kumar, Advocate
For the Respondents : Mr. Zorawar Singh, Advocate for R-1, R-2, R-3
and R-5
Mr. Manish Mohan, CGSC with Ms. Manisha
Saroha, Advocate for R-4
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (Open Court - via Video Conferencing)
CM APPL.16493/2020 (Exemption)
Exemption allowed, subject to all just exceptions.
The application is disposed of accordingly.
CM APPL.16495/2020 (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 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 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.
CM APPL.16494/2020 (Condonation of Delay)
The present application under Section 5 of Limitation Act read
with Section 151 of the Code of Civil Procedure, 1908 has been filed
on behalf of the applicant/appellant seeking condonation of delay of 5
days in filing the accompanying appeal.
Issue notice.
Counsel as above, accept notice on behalf of the non-
applicant/respondents and fairly do not oppose the application.
In view of the foregoing and for the reasons stated in the
application, which are duly supported by an affidavit, the present
application is allowed. The delay of 5 days in filing the
accompanying appeal is condoned.
The application is disposed of accordingly.
LPA 184/2020
1. The present Letters Patent Appeal assails an interlocutory order
dated 17.06.2020, passed by the Hon'ble Single Judge in CM APPL.
No.12443/2020 in W.P. (C) 38487/2019 titled as 'Mrs. Shalini Singh
vs. United India Insurance Company Limited and Ors.', which is
pending adjudication before this Hon'ble Court.
2. Issue notice.
3. Counsel, as above accept notice on behalf of the respondents.
4. With the consent of learned counsel appearing on behalf of the
parties, the appeal has been heard finally and is disposed of by way of
the following consent order.
5. The United India Insurance Company Limited, the respondent
No.1 herein, undertakes to transmit the requisite forms for the Annual
Performance Appraisal Report (APAR) qua the appellant for the years
2018-19 and 2019-20 to the appellant by electronic mail during the
course of the day tomorrow.
6. The appellant shall download the said forms, so transmitted to
her, and submit it to the authority appointed by the United India
Insurance Company Limited/respondent No.1 physically, within a day
thereafter.
7. The United India Insurance Company Limited/respondent No.1
undertakes that the Annual Performance Appraisal Report (APAR)
qua the appellant shall be considered by the Competent Authority
apart from respondent Nos.3 and 5, against whom the appellant has
alleged mala fides, within a period of two working days thereafter.
8. The United India Insurance Company Limited/respondent No.1
also undertakes that the interview of the appellant for promotion to the
next post shall thereafter be conducted, in accordance with law and the
extant Regulations, along with the other candidates of the appellant's
batch, who are being considered in the current promotion exercise.
9. Directed accordingly.
10. No further directions are called for.
11. With the above directions, which have been issued with the
consent of the parties, the appeal is disposed of. The pending
application also stands disposed of.
12. A copy of this judgment be provided to learned counsel
appearing on behalf of the parties electronically and also be uploaded
on the website of this Court forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
JULY 27, 2020
dn/as
