Atul Sharma v. Shri Ramesh Chandra Sharma & ANR.
$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 1211/2024 and CM APPLs. 73572-73/2024 ATUL SHARMA .....Appellant Through:
Mr M. Sufian Siddiqui with Mr Rakesh Bhugra and Mr Md.
Niyazuddin, Advocates.
versus SHRI RAMESH CHANDRA SHARMA & ANR. .....Respondents Through:
Mr Rajiv Mehra, Sr. Advocate with Mr Keshav Sehgal, Mr Shivam Gaur, Mr Kshitij Joshi and Mr Aryan Kumar, Advocates for R1.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R
% 16.12.2024 1.
The appellant has filed the present appeal impugning an order dated 29.11.2024 passed by the learned Single Judge in CONT. CAS (C) No. 853 of 2023 whereby the application [CM Appl. 66904 of 2024 in CONT. CAS (C) 853 of 2023 captioned Atul Sharma v. Harendra Kr. Singh DCP-Outer District & Ors.] filed by the appellant was rejected with costs quantified at ₹10,000/-.
2.
The learned Single Judge had noticed that the appellant had filed the said application seeking dismissal of applications that were pending consideration and, therefore, there was no requirement for the appellant to file a fresh application seeking dismissal of an application that is yet to be considered.
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 20/12/2024 at 12:50:32
3.
A plain reading of the appeal indicates that the appellant is once again seeking to agitate his application which was, in our view, rightly rejected by the learned Single Judge.
4.
The learned counsel appearing for the appellant requests that contents of his application [CM Appl. 66904 of 2024] be permitted to be treated as its response to the applications [CM Appl. 53798 of 2023 and CM Appl. 65889 of 2024 in CONT. CAS (C) 853 of 2023]. Mr Rajiv Mehra, learned senior counsel appearing for the respondents has no objection to this request. 5.
In view of the above, we direct that the appellant's application [CM Appl. 66904 of 2024] which was dismissed by the impugned order - be treated as response to the applications [CM Appl. 53798 of 2023 and CM Appl. 65889 of 2024].
6.
The appeal is dismissed with costs of ₹10,000/- to be deposited with the Delhi High Court Legal Services Committee within a period of two weeks from today.
7.
It is clarified that all rights and contentions of the parties regarding the pending applications are reserved. Pending applications are also disposed of. VIBHU BAKHRU, ACJ TUSHAR RAO GEDELA, J DECEMBER 16, 2024/tr Click here to check corrigendum, if any 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 20/12/2024 at 12:50:32