The Executive Pilots Association v. Dinesh Ahluwalia & ORS

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 444/2018 THE EXECUTIVE PILOTS ASSOCIATION ..... Appellant Through:

Mr.Vivek Kohli, Ms.Anubha S.

Abhyankar and Mr.Aishwarya Kaushiq, Advocates versus DINESH AHLUWALIA & ORS.

..... Respondents Through:

Mr.Amit Mahajan, CGSC for UOI.

Ms.Ratna Dwivedi Dhingra, Ms.Bhavna Dhami and Mr.Ajay Pratap Singh, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 14.08.2018 C.M.Nos.32589-32590/2018 (exemption) Exemptions are allowed, subject to all just exceptions. Applications stand disposed of.

LPA 444/2018 The present appeal is directed against the order dated 09.07.2018 in W.P.(C) 5986/2014 passed by the learned Single Judge of this Court wherein C.M.19482/2018 filed under Order 1 Rule 10 of the Code of Civil Procedure by the appellant herein seeking impleadment as an intervenor has been rejected. In the aforesaid order, the learned Single Judge has taken into account that the writ petition being W.P.(C) 5986/2014, where impleadment was being sought, already stood decided as far back as on 13.11.2014. We have heard learned counsel for the appellant. Mr.Kohli, counsel for the appellant association has strongly urged before us that the order so passed in

W.P.(C)5986/2014 has a direct implication on the rights of the appellant association. However, for the reasons best known, they were not impleaded as parties to the writ petition. He submits although he has filed an independent writ petition, which is pending, however, the appellant has now filed a contempt petition seeking enforcement of the undertaking given by the respondents in the order of 13.11.2014.

Having regard to the fact that the appellant association seeks impleadment in a disposed of writ petition, we find no infirmity in the order dated 09.07.2018 passed by the learned Single Judge rejecting such an application. However, it would be open for the appellant to raise such grounds as may be available in the writ petition instituted by him or any other proceedings. The appeal is dismissed in the above terms.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J AUGUST 14, 2018 rb /