High Court of DelhiW.P.(C)/13153/2024

Sgt Ram Awadh Singh v. Union Of India And ORS

2024-09-19Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Ms. Justice Shalinder Kaur2 pages

$~73 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13153/2024 SGT RAM AWADH SINGH .....Petitioner Through:

Mr.Ravi Kumar with Mr.Raj Kumar, Advs.

versus UNION OF INDIA AND ORS .....Respondent Through:

Mr.Jitendra Kumar Tripathi, Adv with Sqn. Ldr. M N Khan, Sgt Vikash, Sgt Ashok Kumar.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 19.09.2024 CM APPL. 54958/2024 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 13153/2024 & CM APPL. 54959/2024 -Addl. Doc.

3. After some arguments, learned counsel for the petitioner, on instructions from the petitioner, does not press the present petition. He, however, prays that taking into account that the petitioner's pending O.A is coming up for consideration before the learned Armed Forces Tribunal on 27.09.2024, the respondents be directed to file their counter affidavit before the said date.

4. We find merit in this plea of the petitioner and, accordingly, dispose of the writ petition with directions to the respondents to file their counter affidavit to the petitioner's O.A. on or before 24.09.2024 so 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 30/09/2024 at 12:02:13

that the petitioner, if so advised, can file her rejoinder before 27.09.2024, the next date fixed before the learned Tribunal.

5. We further direct that, in case, the respondents do not file their counter affidavit to the O.A. before 24.09.2024, their right to file the same shall stand automatically closed, in which case the learned Tribunal will proceed to deal with the O.A. without granting any further time to the respondents. It is, however, made clear that this Court has not expressed any opinion on the merits of the petitioner's claim.

6. The writ petition alongwith the application is disposed of in the aforesaid terms.

REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 19, 2024 sr 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 30/09/2024 at 12:02:13