- Court
- High Court of Delhi
- Decided
- 31 October 2017
- Bench
- Hima Kohli, Rekha Palli
- Case no.
- W.P.(C) 9620/2017
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Judgment
O R D E R %
31.10.2017
¶1The petitioner ICAR is aggrieved by the order dated 27.09.2016 passed by the Tribunal in O.A. No.3286/2016 filed by the respondent. The record reveals that the aforesaid O.A. was filed by the respondent herein on
26.09.2016 and it was listed before the Tribunal on 27.09.2016. Without issuing notice therein and in the absence of the respondent and/or its counsel, the Tribunal proceeded to dispose of the said O.A. and has allowed the same on the basis of the averments made in the Original Application itself.
¶2Mr. Sharma, learned counsel for the petitioner states that as a result of the Tribunal allowing the aforesaid petition, on the date of admission itself, the petitioner has been deprived of an opportunity of hearing to putforth its case on merits. W.P.(C) 9620/2017
¶3Notice. Learned counsel for the respondent accepts notice and concedes that the order dated 27.09.2016 was passed behind the back of the petitioner and without issuing any notice.
¶4In view of the admitted position, the impugned order dated
27.09.2016 is quashed and set aside and the matter is remanded back to the Tribunal for a fresh hearing in O.A. No.3286/2016. The parties shall appear before the Tribunal on 16.11.2017 on which date the petitioner shall be granted time to file reply to the O.A. and after completion of pleadings, arguments shall be heard by the learned Tribunal on merits and appropriate order passed, in accordance with law.
¶5The petition is disposed of along with the application.
HIMA KOHLI, J
REKHA PALLI, J OCTOBER 31, 2017 gm
W.P.(C) 9620/2017
Case details
Parties and counsel
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9620/2017 & CM No.39163/2017 (for stay) DIRECTOR GENERAL, INDIAN COUNCIL FOR AGRICULTURAL REDSEARCH AND ANR. ..... Petitioners Through: Mr.Rajeev Sharma with Ms.Radhalakshmi R., Advocate. versus SANJEEV KUMAR ..... Respondent Through: Mr.Chittaranjan, Advocate. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI
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