Shubham Infrastructure Pvt Ltd vs Ndmc And Ors
2021 Latest Caselaw 2897 Del

                          $~41&43
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                       Date of Decision: 25th October, 2021
                          41
                          +     LPA 385/2021
                                SHUBHAM INFRASTRUCTURE PVT LTD        ..... Appellant
                                            Through Mr. Praveen Suri, Advocate.
                                                   versus
                                NDMC AND ORS                                      ..... Respondents
                                                   Through        Ms. Madhu Tewatia, Advocate.
                          43
                          +     LPA 387/2021
                                SHUBHAM INFRASTRUCTURE PVT LTD        ..... Appellant
                                            Through Mr. Praveen Suri, Advocate.
                                                   versus
                                NDMC AND ORS                                      ..... Respondents
                                                   Through        Ms. Madhu Tewatia, Advocate.
                                CORAM:
                                HON'BLE THE CHIEF JUSTICE
                                HON'BLE MS. JUSTICE JYOTI SINGH
                                                         JUDGMENT

D.N. PATEL, CHIEF JUSTICE (ORAL) Proceedings have been conducted through video conferencing. CM APPL. 36992/2021 (Exemption) in LPA 385/2021 CM APPL. 37110/2021 (Exemption) in LPA 387/2021 Allowed, subject to all just exceptions. Applications stand disposed of.

LPA 385/2021 LPA 387/2021

1. Present Letters Patent Appeals have been preferred by the Original

Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:30.10.2021 23:10:54 Petitioner challenging the impugned order dated 10.09.2021 passed by the learned Single Judge in W.P.(C) Nos. 10834/2019 and 13220/2019.

2. We have heard learned counsels appearing on behalf of the parties and have looked into the facts and circumstances of the case. The learned Single Judge has, vide the impugned order, declined to grant early hearing of the writ petitions to the Appellant herein. Apart from the fact that granting or declining early hearing of a petition filed before the learned Single Judge is really the domain of the concerned Bench, the present appeals cannot even otherwise be entertained, as no rights or liabilities of the parties to the lis had been decided by the impugned order and the Letters Patent Appeals are, therefore, untenable in law.

3. At this stage, learned counsel for the Appellant submits that in fact, the writ petitions ought to have been listed before the Division Bench as per the designated Roster and therefore, the writ petitions be transferred before this Bench. We see no reason to entertain the said request in the present appeals. In case the Appellant is of the view that the writ petitions are not to be heard by the learned Single Judge, it is open to the Appellant to prefer an appropriate application before the learned Single Judge, if so advised.

4. With these observations, these Letters Patent Appeals are hereby disposed of.

CHIEF JUSTICE

JYOTI SINGH, J OCTOBER 25, 2021/rk

Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:30.10.2021 23:10:54