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High Court of DelhiCM(M)/3344/2024

Sh. Indra Swarup v. The State Govt. Of NCT Of Delhi & ORS.

2024-09-05Hon'Ble Mr. Justice Manoj Jain2 pages

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3344/2024 SH. INDRA SWARUP .....Petitioner Through:

Ms. Shalini Kapoor, Ms. Divyanshi Saxena, Mr. Udit Bhatiani and Mr.

Tayyaba Barqi, Advocates.

versus THE STATE GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 05.09.2024 CM APPL. 51818/2024 (Exemption) Exemption allowed, subject to all just exceptions. CM(M) 3344/2024 1.

Petitioner is aggrieved by order dated 10th May, 2024 whereby his request seeking waiver of submissions of surety bond as well as seeking rebate in filing the court fees has been declined. 2.

At the very outset, learned counsel for the petitioner submits that there are few more precedents and pronouncement of this Court which are squarely applicable in the case in hand and due to some oversight, these could not be cited before the learned Trial Court when the abovesaid application was being considered and, therefore, it is prayed that one more opportunity may be granted to the petitioner to re-agitate the abovesaid application moved under Section 151 CPC by relying upon the applicable precedents. 3.

Keeping in mind the overall facts and circumstances, the present CM(M) 3344/2024 1 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 07/09/2024 at 14:23:35

petition is disposed of in the aforesaid terms and the petitioner is given liberty to address arguments afresh on said application under Section 151 CPC. Learned Trial Court is also permitted to hear the arguments and to decide the application afresh in accordance with law.

MANOJ JAIN, J SEPTEMBER 5, 2024/ss CM(M) 3344/2024 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 07/09/2024 at 14:23:35