High Court of DelhiW.P.(C)/13282/2018

Sanjay Bharadwaj And ORS. v. Mahanagar Telephone Nigam Ltd. And ORS.

2019-12-17Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13282/2018 & CM APPLs. 51649/2018 and 47485/2019 SANJAY BHARADWAJ AND ORS. ..... Petitioners Through:

Mr Gauri Puri, Advocate.

versus MAHANAGAR TELEPHONE NIGAM LTD. AND ORS...... Respondents Through:

Mr. Dev P. Bhardwaj, CGSC for UOI/R-2.

Mr. Vaibhav Kalra and Mr. Varun Kalra, Advocates for R-4.

Mr Karthik Sundar, Advocate for R- ,35, 36, 38, 39,40,41, 43, 44, 46, 48, 49, 51, 53, 56, 57, 58, 60 and 61.

Mr Piyush Chandel, Advocate for R3.

Mr Chandan Kumar, Advocate for R1.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 17.12.2019

1. The order dated 17th September, 2018 of the Central Administrative Tribunal ('CAT') condoning the delay in the private Respondents in the present petition filing their OA before the CAT is under challenge in the present petition.

2. In view of the fact that the delay has been condoned subject to the private Respondents paying costs of Rs. 31,000, which have since been paid, the Court is not inclined to interfere with the impugned order. The question of W.P.(C) 13282/2018 Page 1 of 2

whether the CAT had such powers to condone the delay is left open for adjudication in another appropriate case.

3. In that view of the matter, it is directed that the Petitioners here will now file their replies in the aforementioned OA on or before 21st January, 2020 and the rejoinder be filed thereto on or before 28th February, 2020. Likewise, the MTNL will also file its reply by the same date and rejoinder thereto also be filed before 28th February, 2020. It will be open to the Petitioners and the MTNL in their respective replies to point out the delay in the Applicants approaching the CAT for relief.

4. The Court requests the CAT to dispose of the OA on merits, as expeditiously as possible.

5. The petition is disposed of in above terms. The interim order is vacated. The pending applications are also disposed of. No costs. S. MURALIDHAR, J.

TALWANT SINGH, J.

DECEMBER 17, 2019/rd W.P.(C) 13282/2018 Page 2 of 2