Back
2021 Supreme(UK) 400
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
S.K.Mishra, J.
Amtuls Public School - Appellant
Versus
Govindi & Ors. - Respondents
Writ Petition (M/S) 2798 of 2021
Decided On : 23-12-2021
T.A. Khan, Advocate, Divya Jasiwal, Advocate, Yogesh Pande, Advocate
The court emphasized the importance of bringing to the notice of the Tribunal the filing of a Special Leave Petition before the Supreme Court and directed the Tribunal to consider the SLP and pass appropriate orders if there is a valid ground in favor of the petitioner.
Headnote:
Withdrawal of Writ Application - Submission of Special Leave Petition before the Supreme Court - The court allowed the withdrawal of the writ application with liberty to the petitioner to bring to the notice of the Tribunal the filing of a Special Leave Petition before the Supreme Court, assailing the order sought to be executed against the petitioner. The Tribunal is directed to consider the SLP and pass appropriate orders if there is a valid ground in favor of the petitioner.
Fact of the Case:
The petitioner's school filed a Special Leave Petition before the Supreme Court against the order passed in AO No. 89 of 2008. The petitioner sought time to obtain an order of stay, but the petition was rejected by the Motor Accident Claims Tribunal.
Finding of the Court:
The court allowed the withdrawal of the writ application with liberty to the petitioner to bring it to the notice of the Tribunal that an SLP has been preferred before the Supreme Court. The Tribunal is directed to consider the SLP and pass appropriate orders if there is a valid ground in favor of the petitioner.
Issues: The main issue was the rejection of the petitioner's petition by the Motor Accident Claims Tribunal without reflecting the submission of the SLP before the Supreme Court.
Ratio Decidendi: The court's decision was influenced by the fact that the impugned order did not reflect the submission of the SLP before the Supreme Court. The court allowed the withdrawal of the writ application and directed the Tribunal to consider the SLP and pass appropriate orders if there is a valid ground in favor of the petitioner.
Final Decision: The writ application was dismissed as withdrawn, and no order as to the costs was made. The court granted urgent certified copy of the order to the counsel for the petitioner.
JUDGMENT
S.K. Mishra, J. - Heard Mr. T. A. Khan, learned Senior Counsel for the petitioner and Mr. Yogesh Pande, learned Additional Chief Standing Counsel for the State.
2. Learned Senior Counsel appearing for the writ applicant submits that the petitioner's school has filed a Special Leave Petition before the Hon'ble Supreme Court against the order passed in AO No. 89 of 2008, and he has been granted a diary number 30538 of 2021 and further, the petitioner seeks some time to obtain an order of stay. However, the petition has been rejected by the learned Motor Accident Claims Tribunal, but the impugned order does not reflect that actually such a submission was raised before the Tribunal.
3. In that view of the matter, the writ application is allowed to be withdrawn with a liberty to the petitioner to bring it to the notice of the learned Tribunal that an SLP has been preferred before the Hon'ble Supreme Court assailing the order that is sought to be executed against the petitioner at present. In such an event, the application shall be considered and if there is a valid ground in favour of the petitioner, appropriate order shall be passed by the learned Tribunal.
4. The writ application is dismissed as withdrawn.
5. There shall be no order as to the costs.
6. Urgent certified copy of this order be granted to the learned counsel for the petitioner today itself on proper application.
