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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, AJAY DIGPAUL
Municipal Corporation Of Delhi – Appellant
Versus
Krishan Kumar – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. We are not inclined to entertain this appeal either on the aspect of maintainability or on merits.
2. The appeal preferred under Clause X of the Letters Patent as applicable to this Court, assails an ad interim order dated 6 December 2024 passed by a learned Single Judge of this Court in WP (C) 12045/2024.
3. WP (C) 12045/2024 emanated out of an award dated 18 March 2020 passed by the learned Industrial Tribunal, which in turn adjudicated a claim by the respondents workmen for regularization of their services on the post of Driver from the date of initial joining.
4. The Industrial Tribunal held in favour of the workmen.
5. Aggrieved thereby, the MCD approached the learned Single Judge of this Court by way of WP (C) 12045/2024.
6. The writ petition was accompanied by CM APPL. 50168/2024 which stayed the operation of the award passed by the learned Industrial Tribunal.
7. On 6 December 2024, the learned Single Judge issued notice on the stay application and passed certain ad interim directions. It is against the said order that the present appeal has been filed.
8. We deem it appropriate to reproduce the impugned order in its entirety thus :
“CM APPL. 50169/2
The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.
An interim injunction is not a 'judgment' under Clause 10 of the Letters Patent as it does not determine the merits of the case and is thus non-appealable.
(1) Letters Patent Appeal – Word ‘judgment’ has a concept of finality in a broader and not in a narrower sense--Where an order vitally affects a valuable right of defendants, it will be treated as a ....
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
An appeal against an ad-interim order is maintainable under Order XLIII Rule 1(r) of the CPC, applicable in commercial disputes, affirming that such orders do not preclude appellate jurisdiction.
A writ petition pursuing parallel remedies under the Insolvency and Bankruptcy Code is impermissible and affects parties' rights; interim orders must determine substantial issues.
Provisions of Code of Civil Procedure will apply to all matters on which special or local law is silent.
Point of law : Section 4 of the Code of Civil Procedure, as is evident from its plain reading, does not mean that the CPC does not apply to the proceedings under special or local laws but only indica....
Point of law: Interim order of Single – Appeal not maintainable - Character of the ad interim order would continue to be the same until an adjudication is made by the irrespective of the fact as to w....
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