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High Court of DelhiW.P.(C)/16121/2023

Shiv Shnker Vys v. Ntpc

2024-10-16Hon'Ble Ms. Justice Jyoti Singh2 pages

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16121/2023 SHIV SHANKER VYAS .....Petitioner Through:

Mr. Vikash Kumar, Advocate.

versus NTPC Ltd.

.....Respondent Through:

Mr. Puneet Taneja and Mr. Anil Kumar, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 16.10.2024 CM APPL. 60840/2024 1.

This application has been preferred on behalf of the Petitioner seeking withdrawal of this writ petition with liberty to file a fresh writ petition on the same cause of action on the ground that inadvertently some crucial facts have been omitted in the pleadings and there are clerical errors. It is also submitted that some developments have taken place after the filing of this writ petition which need to be pleaded as they will have an important bearing on the adjudication of the issues flagged by the Petitioner in the present writ petition.

2.

Issue notice.

3.

Mr. Puneet Taneja, learned counsel accepts notice on behalf of the Respondent and opposes the application on the ground that the arguments made in Court do not have a basis in the pleadings in the application. W.P.(C) 16121/2023 Page 1 of 2 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 28/10/2024 at 13:45:25

4.

Heard learned counsels for the parties.

5.

I have perused the application for withdrawal. It is stated by the Petitioner that there are pivotal omissions and inadvertent typographical errors which will hamper the cause of justice at the stage of hearing. It is also averred that new facts and circumstances have come to light such as a document which is a Self-Contained Note (Closure Report) of CBI-ACB, Bhopal, which are essential to be placed on record with pleadings for just decision of the case.

6.

Accordingly, this application is allowed permitting the Petitioner to withdraw the present writ petition with liberty to file a fresh writ petition on the same cause of action, in accordance with law. W.P.(C) 16121/2023 & CM APPL. 64809-810/2023 7.

In view of the order passed above, this writ petition is disposed of as withdrawn. Pending applications also stand disposed of. 8.

Date of 06.11.2024 stands cancelled.

JYOTI SINGH, J OCTOBER 16, 2024 B.S. Rohella/shivam W.P.(C) 16121/2023 Page 2 of 2 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 28/10/2024 at 13:45:25