Ravinder P. Kumar & ANR v. Delhi High Court Through Registrar General & ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1723/2016 RAVINDER P. KUMAR & ANR ..... Petitioners Through: Petitioner No. 1 in person versus DELHI HIGH COURT THROUGH REGISTRAR GENERAL & ANR ..... Respondents Through: Mr. Himanshu Bagai, Adv. for R-1

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.02.2016 CM Appl. 7402/2016 Exemption allowed, subject to just exceptions. W.P.(C) 1723/2016 The present writ petition has been filed seeking release of decretal amount deposited in RFA Nos. 445/2008 and 247/2010 along with up-to-date interest to the petitioner.

Petitioner No. 1, who appears in person, states that respondent No.2 fraudulently got its RFAs revived after stating incorrect and false facts. He also points out that in execution proceedings in Goa, respondent No.2 had agreed to make full payment. Petitioner No. 1 further states that the respondents have now produced a forged memorandum of understanding dated 09th January,

1998 with an arbitration clause.

Since the aforesaid RFAs are still pending, this Court is of the view that a writ petition is not maintainable. In the opinion of this Court by way of a writ petition the order passed by a coordinate Bench of this Court in the aforesaid RFAs cannot be challenged. It is pertinent to mention that a coordinate Bench of this Court has directed release of money deposited in favour of the petitioner against furnishing of adequate security to the satisfaction of the Registrar General. This Court is not an appellate Court of the learned Single Judge. Consequently, the present writ petition is dismissed. However, if the petitioners have any other alternative remedy, they are free to invoke the same.

MANMOHAN, J FEBRUARY 29, 2016 NG