M.M. Dhonchak vs Union Of India
2024 Latest Caselaw 7434 Del

Delhi High Court

M.M. Dhonchak vs Union Of India on 18 November, 2024

Author: C. Hari Shankar

Bench: C. Hari Shankar, Anoop Kumar Mendiratta

                  $~61
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         LPA 1121/2024 and CM APPL. 66773/2024
                            M.M. DHONCHAK                        .....Appellant
                                        Through: Mr. Tanuj Jaglan, Advocate
                                        with appellant in person

                                               versus

                            UNION OF INDIA                        .....Respondent
                                          Through: Mr. Ravi Prakash, CGSC with
                                          Mr. Aakash Meena and Mr. Taha Yasin,
                                          Advocates

                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

                                                 ORDER (ORAL)

                  %                                18.11.2024

                  C. HARI SHANKAR, J.

1. This Letters Patent Appeal under Clause 10 of the Letters Patent applicable to this Court assails order dated 21 October 2024 whereby the learned Single Judge has merely rejected the application seeking preponement of hearing.

2. As held by the Supreme Court in Shah Babulal Khimjki v. Jayaben D. Kania and Ors1., a Letters Patent Appeal under Clause 10 of the Letters Patent is maintainable only against a judgment. The judgment has been defined in the said case as a decision which determines the right of one of the parties to the litigation even if it is at

(1981) 4 SCC 8

an interim stage.

3. The impugned order does not do so. The LPA is not maintainable. It is accordingly dismissed.

C. HARI SHANKAR, J.

ANOOP KUMAR MENDIRATTA, J.

NOVEMBER 18, 2024/yg Click here to check corrigendum, if any