Rakesh Chadha v. Bses Rajdhani Power Ltd

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2305/2016, CM Nos. 10681-10682/2018 RAKESH CHADHA ..... Petitioner Through:

Mr. Sudhir Batra with Mr. Rohit Khanna, Advs.

versus BSES RAJDHANI POWER LTD ..... Respondent Through:

Mr. Sunil Fernandes, SC with Mr.

Arnav Vidyarthi & Ms. Nupur Kumar, Advs. for R-1

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 19.03.2018 CM No. 10682/2018 Exemption allowed subject to all just exceptions. Application stands disposed of.

CM No. 10681/2018 This application has been filed by the petitioner seeking extension of time of one week for filing the Civil Suit before the Special BSES Court. It is the submission of the learned counsel for the petitioner/applicant that on January 12, 2017, this writ petition was disposed of with the following directions:-

"Present writ petition is disposed of with liberty to the petitioner to avail the remedy before the Special Court, if he so desires, within a period of eight weeks. In the interest of justice, it is directed that the time spent in prosecuting the present petition would not be taken into account while calculating the period of limitation for the new proceedings to be filed by the petitioner before the Special Court."

He states, even though eight weeks were granted, which expired on March 12, 2017, the petitioner could file the appeal only on March 18, 2017. He also draws my attention to para 6 of the application, wherein a reference has been made that the said Court has orally directed the petitioner to take necessary extension of time in filing the suit from this Court. Learned counsel for the respondent, who appears on advance notice states, he has no objection in that regard. The delay of one week, as caused in the filing of the Civil Suit before the Special Court, BSES is condoned. The suit shall be entertained in terms of the order passed by this Court on January 12, 2017. Application stands disposed of. Dasti.

V. KAMESWAR RAO, J MARCH 19, 2018/ak