Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Prasant & Ors. – Appellants
Versus
Government of NCT of Delhi & Ors. – Respondents
W.P.(C) 397 of 2023 & CM APPL. 6406 of 2023
Decided On : 25-05-2023
Withdrawal of Writ Petition - Settlement Agreement - Finality of Financial Commissioner's Order
Fact of the Case:
The petitioner sought to withdraw the matter as it had been settled. The respondent's counsel stated that if the petition was withdrawn, the order of the Financial Commissioner would stand restored and attain finality.
Finding of the Court:
The court dismissed the writ petition as withdrawn and directed the parties to abide by the terms of the Settlement Agreement.
Issues:
Ratio Decidendi: The court emphasized the finality of the Financial Commissioner's order upon withdrawal of the writ petition and the implementation of the Settlement Agreement.
Final Decision: The writ petition was dismissed as withdrawn, and the parties were directed to abide by the Settlement Agreement.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. Learned counsel appearing for the petitioner submits that she has instructions to withdraw the present matter, as the matter has been settled.
2. Learned counsel appearing for respondent no. 2 and 3 submits that since the present petition was impugning the order dated 01.11.2022 passed in Appeal No. 323/2018, titled as Arvind Kumar Aggarwal & Anr. Vs Prashant & Anr. passed by the Court of Financial Commissioner, the said order of learned Financial Commissioner shall stand restored, if the present petition is withdrawn.
3. Needless to say, once the present writ petition has been withdrawn, the order of the learned Financial Commissioner shall attain finality and would be implemented accordingly.
4. Parties are directed to abide by the terms of the Settlement Agreement between them.
5. The present writ petition is accordingly dismissed as withdrawn.
6. The date of 14.07.2023 stands cancelled.
Finality of orders and implementation of Settlement Agreements
The court's decision was influenced by the fact that the petitioner's ward had already been granted admission by the school.
The court emphasized the importance of expeditious disposal of representations and directed the respondent to pass a speaking order within a specified time frame.
Withdrawal of appeal based on settlement reached in Lok Adalat.
The main legal point established in the judgment is that the maintainability of an application under Order 39 Rule 2A CPC should be raised before the appropriate forum, in this case, the Roster Bench....
The filing of a statutory appeal after an order is passed may impact the consideration of an application for recall of the order.
An application for recall of order may be dismissed if found to be without merit and if an appropriate remedy has already been sought.
Authorities are duty bound to act upon written complaints, and petitioners should be granted a hearing during the consideration of their complaints.
Failure to take necessary legal steps can result in the disposal of a petition with liberty to file a fresh petition.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
