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2009 Supreme(Del) 1343

SHIV NARAYAN DHINGRA
Priti Dhoundial & Ors. – Appellant
Versus
Tribunal (Under Maintenance & Welfare of The Parents & Senior Citizens Act, 2007) & Anr. – Respondent


Advocates Appeared:
Lotika Sarkar, Pragnya, Sanjoy Ghose , A.K.Nigam, Prashant Mehndiratta

Shiv Narayan Dhingra, J.:-

1. By this writ petition made under Article 226 and 227 of the Constitution of India, the petitioners have prayed for quashing of an order dated 29th October, 2009 passed by the Tribunal under Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the Act").

2. It is submitted by the petitioners that the impugned order was passed on an application or complaint dated 19th October, 2009 alleged to have been made by the President of All India Centre for Development of Education and Environment (ACIDEE) against the petitioners. The petitioners learnt about this order from reports appearing in newspapers on 30th October, 2009 and obtained a copy of the order on that day from the Tribunal. It is stated that although an appeal can be preferred against the order to a Appellate Tribunal, however, there is no Appellate Tribunal in existence so that an appeal could be preferred, moreover, the reliefs being sought by the petitioners are not on merits of the order but on the order being per se illegal and contrary to the provisions of the Act. It is stated that the procedure adopted by the Tribunal was patently illegal and the





























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