Singhania University vs Kripal Singh And Anr ...
2023 Latest Caselaw 3648 Raj/2

[2023:RJ-JP:18097]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 8162/2015

Singhania      University,       Pacheri     Bari,     Tehsil      Khetri,   District
Jhunjhunu, Rajasthan Through Registrar, A-4, Yudhishter Marg,
C-Scheme, Jaipur.
                                                                      ----Petitioner
                                     Versus
1.       Kripal Singh S/o Sayar Singh, Kali Pahadi, District
         Jhunjhunu.
                                                   ...Respondent-Complainant

2. Singhania University, Pacheri Bari, Thana Singhana, District Jhunjhunu.

                                                     ----Proforma-Respondent


For Petitioner(s)            :    Mr. Swadeep Singh Hora
For Respondent(s)            :



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                             Judgment / Order

17/08/2023

1. In view of the remedy of appeal available to the petitioner-

University under Section 58 of the Consumer Protection Act, 2019,

(Under Section 19 of the Consumer Protection Act, 1986) the

counsel for the petitioner seeks permission to withdraw the

present writ petition with liberty to file an appeal before the

National Commission.

2. Counsel for the petitioner further submits that after passing

of the order by the State Commission, petitioner immediately filed

the present writ petition and the period during which the present

writ petition pending before this Court, may kindly ordered to be

excluded, while calculating the period of limitation on filing appeal

before National Commission.

[2023:RJ-JP:18097] (2 of 2) [CW-8162/2015]

3. In view of the prayer made by counsel for the petitioner, the

present writ petition is dismissed as withdrawn with liberty to the

petitioner to file an appeal before the National Commission within

thirty days from today.

4. In case the petitioner files the appeal alongwith the

application for condonation of delay before the National

Commission within thirty days from today, the National

Commission shall take into consideration the fact of the pending of

this petition since 2015 before this Court, which was filed within

ninety days from the date of the order of the State Commission.

5. Since the main petition has been dismissed as withdrawn,

the stay application and all other pending application/s, if any,

also stands dismissed.

(GANESH RAM MEENA),J

ARTI SHARMA /16

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