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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sarbraj Singh – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 2942 of 2023
Decided On : 28-04-2023
Counter-affidavit - Application for Closing Right to File Counter-affidavit - The court disposed of the application with a warning that if the counter-affidavit is not filed within three weeks, it shall be accepted with a cost of Rs.10,000/- to be deposited in Delhi High Court Legal Services Committee.
Fact of the Case:
The petitioner sought to close the right of the respondents to file a counter-affidavit as the respondents had not filed it within the directed time frame.
Finding of the Court:
The court disposed of the application, but warned that if the counter-affidavit is not filed within three weeks, it shall be accepted with a cost of Rs.10,000/- to be deposited in Delhi High Court Legal Services Committee.
Issues: Failure to file counter-affidavit within the directed time frame.
Ratio Decidendi: The court emphasized the importance of timely filing of counter-affidavits and imposed a cost for any delay.
Final Decision: The application was disposed of with a warning that if the counter-affidavit is not filed within three weeks, it shall be accepted with a cost of Rs.10,000/- to be deposited in Delhi High Court Legal Services Committee.
ORDER
CM APPL. 21412/2023
1. The petitioner in his application has made following prayer:
a) Allow the instant application and close the right of the respondents to file a counter-affidavit to the CM APPL. 11477/2023.
2. Vide Order dated 20.03.2023, the respondents were directed to file counter affidavit within six weeks. However, till date, the same has not been filed.
3. Learned counsel for the respondents, on instructions, has assured this Court that the counter affidavit is almost ready and will be filed within three weeks.
4. In view of the assurance made by the learned counsel for the respondents, the application is disposed of.
5. However, it is made clear that if the counter affidavit is not filed within three weeks, the same shall be accepted with a cost of Rs.10,000/- to be deposited in Delhi High Court Legal Services Committee.
CM APPL. 11477/2023
6. Learned counsel for the respondents seeks time and granted three weeks time to file the reply.
W.P.(C) 2942/2023
7. List before the Registrar on 07.07.2023, the date already fixed.
Timely filing of counter-affidavits is crucial, and the court may impose costs for any delay.
The court affirms the necessity of allowing adequate time for petitioners to respond to supplementary affidavits for fair legal representation.
The court emphasized procedural fairness and the necessity for adequate responses in education-related judicial reviews, ensuring compliance with due process.
Interim order is revived and extended by a period of ten days.
The judgment emphasizes accountability in educational administration and affirms the court's authority to mandate responses from state departments.
Courts have discretion to extend interim orders and grant extensions for filing affidavits, and may impose costs for delays.
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