Trimula Industries Limited v. Union Of India Ministry Of Coal & ORS.

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 250/2024 & C.M.Nos.18661-18663/2024 TRIMULA INDUSTRIES LIMITED ..... Appellant Through:

Mr.Ajit Kumar Sinha, Sr.Advocate with Ms.Ashwarya Sinha, Advocate.

versus UNION OF INDIA MINISTRY OF COAL & ORS.

..... Respondents Through:

Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Mr.Varun Rajawat, Mr.Kartik Baijal, Mr.Varun Pratap Singh, Ms.Shreya V.Mehra and Ms.Vidhi Jain, Advocates for UOI.

Mr.Sanjeev Sagar, standing counsel with Ms.Nazia Parveen, Advocate for R-4.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 28.03.2024 1.

Present appeal has been filed challenging the order dated 14th March, 2024 passed by the learned Single Judge in W.P. (C) 3789/2024 whereby the learned Single Judge disposed of the said petition on the ground that an alternative remedy is available to the appellant under Section 27(3) of the Coal Mines (Special Provisions) Act, 2015. In fact, the impugned order records that the learned senior counsel for the appellant/ petitioner consented that he would avail the said remedy.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/04/2024 at 14:30:47

2.

However, today Mr.Sinha, learned senior counsel for the appellant states that he had never made any such concession. 3.

The law is well-settled that the Judges' record is conclusive. Neither a lawyer nor a litigant can claim to contradict it, except before the Judge himself, but nowhere else. (See: State of Maharashtra vs. Ramdas Shrinivas Nayak and Another, (1982) 2 SCC 463). Since in the present case no application for recall of the concession has been made before the learned Single Judge, the contention of the learned senior counsel for the appellant cannot be entertained.

4.

At this stage, learned senior counsel for the appellant states that he would like to withdraw the present appeal with liberty to file an application seeking recall of the concession recorded by the learned Single Judge in the impugned order.

5.

With the aforesaid liberty the present appeal and the applications are dismissed as withdrawn. This Court clarifies that it has not commented on the merits of the proposed application to be filed by the appellant. ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MARCH 28, 2024 KA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/04/2024 at 14:30:47