Delhi High Court
Arun Rathi vs Inox Air Products Pvt Ltd & Ors on 13 January, 2023
Neutral Citation Number: 2023/DHC/000293
$~1 (SB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13.01.2023
+ CONT.APP. (C)15/2019
ARUN RATHI ...... Appellant
Through: Mr.Vikas Pahwa & Mr.Manish
Vashisth, Sr. Advs. with Mr.Tanmay
Mehta, Mr.Subhash Chawla &
Mr.Vanshay Kaul, Advs.
Versus
INOX AIR PRODUCTS PVT LTD & ORS. ...... Respondents
Through: Mr.Atul Shanker Mathur, Mr.Prabal
Mehrotra, Ms.Umang Katariya &
Mr.Apoorva Jha, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SANJEEV NARULA
J U D G M E N T (oral)
CM APPL. 1555/2023 & REVIEW PET.12/2023
1. Present application has been filed on behalf of the appellant seeking
condonation of delay of 1095 days in filing the present review petition
seeking review and recall of the judgment dated 26.11.2019 in Cont.
App.(C) 15/2019.
2. The abovementioned appeal was against the order dated 10.10.2019
passed by learned Single Judge in CCP(O) 10/2017 arising out of OMP
No.708/2012. Against the said judgment dated 10.10.2019, the appellant
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:16.01.2023
18:32
Neutral Citation Number: 2023/DHC/000293
approached the Hon'ble Supreme Court by filing a SLP (Crl.) No.665/2020
and the same was dismissed vide order dated 13.09.2022 whereby observed
as under:
"Heard learned counsel for the parties.
We find no grounds to interfere with the impugned judgment and
order passed by the High Court in exercise of the jurisdiction under
Article 136 of the Constitution of India.
The special leave petition is, accordingly, dismissed.
The time to make the payment is, however, extended by four weeks
from date.
Pending applications, if any, shall stand disposed of."
3. Thereafter, the petitioner filed another application being M.A.
No.1806/2022 in the abovementioned SLP seeking extension of time for
payment in view of the serious medical condition of the petitioner, however,
the Hon'ble Supreme Court vide order dated 11.11.2022 disposed of the
application and observed as under:
"M.A. No.1806/2022 in SLP(Crl.) No.665/2020
1. This is an application filed on behalf of the applicant/petitioner
seeking extension of the time granted for making payment vide order
dated 13.09.2022 passed by this Court in Special Leave Petition (Crl.)
No.665/2020.
2. Having heard learned Senior counsel appearing on behalf of the
applicant/petitioner and on carefully perusing the averments made in
the above-mentioned application, we are of the view that the order
dated 13.09.2022 ought to have been complied with.
3. However in the interest of justice and as a last chance four weeks'
more time is granted to the applicant/petitioner to comply with the
order dated 13.09.2022, failing which he will have to surrender and
undergo the sentence.
4. MA stands disposed of accordingly.
5. Consequently, IA No.155568/2022 also stands disposed of."
4. After the dismissal of SLP against the impugned order, by the
Hon'ble Supreme Court on merit and thereafter time was granted twice to
deposit the payment, filing of the review petition before this Court is a
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:16.01.2023
18:32
Neutral Citation Number: 2023/DHC/000293
complete misuse of judicial process.
5. Accordingly, finding no merit in the application as well as in the
review petition, the same are dismissed for devoid of merits.
(SURESH KUMAR KAIT)
JUDGE
(SANJEEV NARULA)
JUDGE
JANUARY 13, 2023/ab
Signature Not Verified
Digitally Signed
By:ALKA BOBAL
Signing Date:16.01.2023
18:32
