Chandro Devi v. Santosh Kumari & ORS

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CMI 13/2018 CHANDRO DEVI .....Petitioner Through:

Ms. Rajeshwari H. with Ms. Nupur A.

Goswami, Advocates.

versus SANTOSH KUMARI & ORS .....Respondents Through:

Mr. Manish Srivastava with Mr.Moksh Arora and Mr. Santosh Rumdurg, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 19.09.2024 CMI 13/2018 & CM APPL. 55025/2024 (filed on behalf of appellant seeking directions) 1.

The appellant - Smt. Chandro Devi is aggrieved by judgment dated 24.07.2018 whereby the plaintiffs only have been held entitled for recovery of damages/compensation of Rs.23,40,000/- with interest @ 6% per annum from the date of filing of the suit till realization from defendant No.1 i.e. North Delhi Power Limited (now Tata Power Delhi Distribution Limited - TPDDL).

2.

Fact, however, remains that the appellant herein was also one of the defendants in said civil suit and there was a specific issue whether she was also, along with the plaintiffs, entitled to damages/compensation from defendant No.1 or not. 3.

Since as per the final judgment, only the plaintiffs seem to have been been held entitled to the compensation/damages, she is also compelled to file the present appeal.

CMI 13/2018 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 11:52:04

4.

The petition remained pending before this Court as the appellant had sought permission to file the appeal as an 'indigent person'. 5.

It is noticed that way back on 20.03.2019, this Court, based on the orders passed by the concerned Registrar, declared the petitioner to be an indigent person and thereby also observing that she would not be required to file any court fee.

6.

During course of the consideration, when asked, learned counsel for respondent No.4/ TPDDL apprised that feeling aggrieved by the aforesaid judgment, they have also filed a Regular First Appeal i.e. RFA 214/2019 and said appeal is pending adjudication before the learned Roster Bench and now fixed for 07.10.2024. 7.

The present matter is listed as one application seeking direction has been moved by the appellant but since the appellant herein has already been declared as an indigent person, there is no further requirement of keeping this case pending anymore in the present Roster as concerned CMI stands disposed of.

8.

Subject to orders of Hon'ble the Acting Chief Justice, the present appeal filed by the appellant Smt. Chandro Devi be also placed before the learned Roster Bench along with RFA No.214/2019, which is listed on 07.10.2024.

9.

The next date of 01.10.2024 is hereby cancelled. MANOJ JAIN, J SEPTEMBER 19, 2024/st CMI 13/2018 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 11:52:04