Prof. Bidyut Chakrabarty v. Univesity Of Delhi

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM Nos. 44394-44395/2017 in W.P.(C) 5060/2016 PROF. BIDYUT CHAKRABARTY ..... Petitioner Through :

Mr. Rajesh Gogna, Adv.

versus UNIVESITY OF DELHI ..... Respondent Through :

Mr. Mohinder J.S. Rupal, Adv.

for R-1.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 31.08.2018 1.

The order dated 14th July, 2016, passed in this case reads thus:- "W.P.(C) 5060/2013 After some arguments, learned counsel for the petitioner states that if a fresh cause of action accrues to the petitioner in future, he shall seek appropriate remedy and wishes to withdraw the writ petition."

2.

Mr. Gogna, submits that, though a fresh cause of action has arisen and he seeks to file a fresh writ petition, the order dated 14th July, 2016, specifically does not grant him liberty to do so. 3.

Mr. Rupal objects to grant of such liberty.

4.

In my view, liberty to file a fresh writ petition, on the arising of a fresh cause of action, though not specifically stated in the order dated 14th July, 2016, is inherently contained in the said order, W.P.(C) 5060/2016

even by recording of the submission of learned counsel for the petitioner to the effect that, if a fresh cause of action accrues to the petitioner in future, he shall seek appropriate remedy. 5.

This very recording, in my view, amounts to implicit grant of liberty to the petitioner, to move this court on the arising of the fresh cause of action.

6.

With the above clarification, the application is disposed of. C.HARI SHANKAR, J AUGUST 31, 2018 mk W.P.(C) 5060/2016