Vishnu Chandra Yadav @ Vishnu Yadav v. Central Government Employees Consumer Cooperative Society Ltd. (Commonly Known As Kendriya Bhandar)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7776/2015 VISHNU CHANDRA YADAV @ VISHNU YADAV ..... Petitioner Through:

Mr. Rakesh Bajpai and Mr. Sharad Tewari, Advocates.

versus CENTRAL GOVERNMENT EMPLOYEES CONSUMER COOPERATIVE SOCIETY LTD.

(COMMONLY KNOWN AS KENDRIYA BHANDAR) & ORS.

..... Respondents Through:

Mr. Dipak K. Nag and Mr. Ekansh Bansal, Advocates for R-1 to 7.

Mr. Roshan Lal Goel, Mr. Amit Dogra and Ms.

Anju Gupta, Advocates for R-8/UOI.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 07.02.2017 1.

Without prejudice to the respective rights and contentions and because the respondent no.1 is not a State under Article 12 of the Constitution of India, it is accordingly agreed that this writ petition be allowed to be withdrawn to enable the petitioner to file a civil suit in a competent court, and with respect to such civil suit which will be filed on the same cause of action as also the additional causes of actions if any and W.P.(C) 7776/2015

for same reliefs as also the additional reliefs, if any, petitioner will be entitled to the benefit of Section 14 of the Limitation Act, 1963 with respect to the period this petition was pending in this Court, and for a period of one month from today so as to enable the petitioner to file appropriate civil suit in the competent court.

2.

Interim order which is passed in this case on 9.8.2016 is extended only for a period of one month from today and the same will have no reflection with respect to the entitlement of the petitioner to an interim order and which aspect will be decided by the same civil court as per the contentions of the parties whenever an application for interim relief is filed before the competent court.

3.

The writ petition is disposed of with the aforesaid liberty and observations.

VALMIKI J. MEHTA, J FEBRUARY 07, 2017 ib W.P.(C) 7776/2015