Simran Kaur vs Union Of India & Ors.
2023 Latest Caselaw 3322 Del

                          $~55
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                      Date of decision: 07.08.2023

                          +       CM(M) 1251/2023
                                  SIMRAN KAUR                                         ..... Petitioner
                                                     Through:     Mr. Amarjit Singh Bedi and Ms. Riya
                                                                  Seth, Advocates

                                                     versus

                                  UNION OF INDIA & ORS.                               ..... Respondent
                                                     Through:     Mr. Sanjay Kumar Pathak, Standing
                                                                  Counsel with Mr. K.K. Pathak and Mr.
                                                                  Sunil Kumar Jha, Advocates
                          %
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                     JUDGMENT

MANMEET PRITAM SINGH ARORA, J (ORAL):

CM APPL. 39955/2023 (for exemption) Exemption is allowed, subject to all just exceptions. Accordingly, the present application stands disposed of. CM(M) 1251/2023

1. This petition has been filed seeking a direction to the Additional District Judge-04, Central Tis Hazari Courts, Delhi ('Reference Court') in the case LAC No. 375/1/06 (old No. 39/02), to adjudicate the application bearing Misc. No. 152/22 filed by the predecessor of the Petitioner on 09.03.2022.

2. The learned counsel for the Petitioner states that the Supreme Court vide order dated 15.09.202 read with 08.10.2021 had issued directions for

Digitally Signed By:RASHMI DABAS Signing Date:09.08.2023 15:15:33 release of the compensation amount to the Petitioner herein. 2.1 He states that in terms of the liberty granted by the Supreme Court, an application bearing Misc. No. 152/22 for the release of the said amount was filed on 09.03.2022 by the predecessor of the Petitioner herein. 2.2 He states that the District Nazir has prepared a report on 15.03.2023 providing the calculation/shares report of the amount to be released to the Petitioner herein.

2.3 He states that however, the matter has been adjourned on one pretext or the another as the counsel for Respondent No.1 herein, Union of India ('UOI') has not been addressing arguments in the matter.

3. Issue notice. Learned counsel for the Respondent No.1 accepts notice.

4. He states on instructions that on 22.08.2023 i.e., the next date of hearing when the matter is listed before the Reference Court, no adjournment will be sought and arguments will be duly addressed by the Respondent No. 1, on the said date of hearing.

5. This Court has perused the record and for the counsel for the parties.

6. In view of the directions issued by the Supreme Court on 15.09.2021 and considering the fact that the application of the Petitioner has been pending since 09.03.2022, the Reference Court is requested to hear and adjudicate the said application and reliefs there under, on the said 22.08.2023 within one (1) week thereof in accordance with law.

7. The undertaking of the Respondent No.1, UOI is taken on record and they are bound down to the same.

8. It is made clear that if any adjournment is sought by UOI on the said date, the said adjournment will be subject to costs as determined by the Reference cost.

Digitally Signed By:RASHMI DABAS Signing Date:09.08.2023 15:15:33

9. With the aforesaid directions, the present petition is disposed of.

10. Pending applications, if any, are also disposed of.

MANMEET PRITAM SINGH ARORA (JUDGE) AUGUST 7, 2023/rk/ms

Digitally Signed By:RASHMI DABAS Signing Date:09.08.2023 15:15:33