Delhi High Court
Sahitya Akademi vs Sneha Choudhury & Ors. on 31 July, 2020
#1
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 31.07.2020
LPA 189/2020
SAHITYA AKADEMI .....Appellant
versus
SNEHA CHOUDHURY & ORS. .....Respondents
Advocates who appeared in this case:
For the Appellant : Mr. Rajshekhar Rao, Advocate with Mr. Abhishek
Aggarwal, Advocate
For the Respondents : Mr. Dhairya Gupta, Advocate for R-2 & R-3
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (via Video Conferencing)
The present matter has been taken up for hearing by way of
Video Conferencing on account of COVID-19 pandemic.
CM APPL.17328/2020 (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 the original/hard copies of the
documents, filing dim, illegible, marked annexures, filing the relevant
documents/annexures, filing the duly attested affidavits in support of
the accompanying appeal, as well as, application and to pay the
requisite court fees.
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. Further, the applicant/appellant is
allowed to file the requisite court fee within a period of 72 hours from
the date of resumption of regular functioning of the Court.
The applicant/appellant is also granted exemption from filing
the original/hard copies of the documents, filing dim, illegible, marked
annexures and filing the relevant documents/annexures, subject to all
just exceptions.
With the above directions, the present application is disposed
of.
LPA 189/2020 & CM APPL.17327/2020 (Stay)
The present Letters Patent Appeal under Clause 10 of the letters
patent instituted on behalf of the appellant prays as follows:-
a) Set aside the orders dated 26.02.2020 and
16.03.2020 passed by the Learned Single Judge in WP
(C) No. 1103/2020 and declare that the Appellant is
not liable to pay any amount on account of salary/
remuneration to the Respondent No.1, 15.02.2020
onwards;
b) Direct the Respondent No.1 to refund/ return the
amount/ salary paid to her for the period of
16.03.2020 to 08.05.2020 or any amount credited to
her account after 16.03.2020;
c) award exemplary costs in favour of the petitioner
and against the respondents.
d) pass such other and further orders as this Hon'ble
Court may deem to be fit and proper under the facts
and circumstances of the present case.
The legal issue sought to be raised in the present appeal is at
large before the learned Single Judge.
The instant appeal is directed against the ad-interim orders
dated 26.02.2020 and 16.03.2020, passed by the learned Single Judge
in W.P.(C) No.1103/2020, tilted as 'Sneha Choudhury & Ors. vs.
Sahitya Akademi', which is now scheduled to come up for hearing
before the learned Single Judge on the 22.09.2020.
In view of the foregoing, whilst reserving liberty to the
appellant to make all legal and factual submissions, that may be
available to him, before the learned Single Judge, in the said writ
petition, in the first instance, we decline to interfere with the ad-
interim orders dated 26.02.2020 and 16.03.2020, that are impugned in
the present appeal.
The appeal is accordingly dismissed and disposed of
accordingly. The pending application also stands disposed of.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
JULY 31, 2020
dn/RS
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