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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Juj Pal Maggo - Appellant
Versus
State of NCT Delhi - Respondent
LPA 171 of 2021
Decided On : 31-05-2021
| Table of Content |
|---|
| 1. exemptions allowed for filings. (Para 1 , 2) |
| 2. appellant seeks unconditional withdrawal. (Para 3) |
| 3. permission granted for appeal withdrawal. (Para 4) |
| 4. withdrawal of appeal preserves rights. (Para 5) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)
Proceedings have been conducted through video conferencing.
CM APPL. 17527/2021 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
CM APPL. 17529/2021 (Exemption from filing attested affidavits & welfare stamp)
1. For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week and the welfare stamp within a period of 72 hours from the date of resumption of regular functioning of the Court.
2. Application is disposed of.
LPA 171/2021 & CM APPL. 17526/2021 & 17528/2021 (Addl. Docs.)
3. Learned counsel appearing for the Appellant (original Petitioner in W.P.(C) No. 4335/2021) after canvassing some arguments seeks permission to withdraw this appeal, unconditionally.
4. Permission as prayed for is granted. The Appeal along with pending applications is hereby dismissed as withdrawn.
5. Withdrawal of the Appeal shall be without prejudice to the rights and contentions of the Appellant before the learned Single Judge in the pending writ petition.
An appeal can be withdrawn unconditionally without affecting the rights and contentions before the lower court.
Petitioner has the right to have their representation decided by authorities, with the court affirming legal recourse for any grievances.
The court affirms the role of timely administrative decisions in cooperative matters, allowing petitions to seek resolutions rather than solely quashing administrative actions.
The court has the discretion to allow exemption from filing attested affidavit and can direct the concerned authorities to look into the representation submitted by the Petitioner, granting liberty t....
A writ petition may be withdrawn by a petitioner with liberty to pursue other legal remedies available, especially when prior proceedings were withdrawn appropriately.
The central legal point established in the judgment is the court's emphasis on avoiding multiplicity of proceedings and contradictory orders by allowing the withdrawal of the present petition with li....
The court condoned a 61-day delay in filing an application and allowed the petitioner to present evidence to facilitate an expeditious resolution of the case.
Delay in filing an appeal can be condoned when sufficient cause is shown; disputed questions of fact should be resolved through a civil suit rather than writ jurisdiction.
The judgment establishes the strict and mandatory nature of timelines prescribed by the CPC and the Commercial Courts Act, with no room for condonation of delay in certain circumstances.
The court directed that departmental proceedings may continue during the pendency of a writ petition in the absence of a specific stay, while mandating the exchange of concise written submissions to ....
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