RIKA GLOBAL IMPEX LTD vs UNION OF INDIA & ORS.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14212/2023
RIKA GLOBAL IMPEX LTD ….. Petitioner
Through Mr.Abhishek A.Rastogi (through VC) with Mr.Ajay Singh, Mr.Garima Gupta, Ms.Meenal Songire, Advocates
versus
UNION OF INDIA & ORS. ….. Respondents
Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Ms.Shreya V. Mehra, Mr.Kartik, Advocates for UOI Mr.Abhishek Singh, Mr.Elvin Joshy, Ms.Alisha Sharma, Mr.Shashwat Tyagi, Mr.Jamal Anand, Advocate for R-3 Mr.Aditya Singla and Ms.Saakshi Garg, Advocates for R-4
% Date of Decision: 08th April, 2024
CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
CM APPL. 21016/2024
1.
Exemption allowed, subject to all just exceptions.
2.
Accordingly, the present application stands disposed of.
W.P.(C) 14212/2023 Page 1 of 3
CM APPL. 21015/2024
3.
Present application has been filed seeking directions and/or clarification to the effect that the petitioner was granted liberty to file a fresh petition with respect to contentions and rights of the petitioner, which were kept open in terms of the order dated 06th February, 2024 passed by this Court.
4.
Learned counsel for the petitioner states that after withdrawal of the present writ petition, the petitioner had filed another writ petition being Writ Petition No. 2309/2024 on the same cause of action before the Bombay High Court. He states that before the Bombay High Court, respondent no.3 has stated that this Court had not granted liberty to file a fresh petition and accordingly, opposed the petitioners writ petition before the Bombay High Court. He states that the Bombay High Court vide its orders dated 13th March, 2024 and 04th April, 2024 has directed the petitioner to seek clarification from this Court.
5.
He states that vide order dated 06th February, 2024, this Court had noted that rights and contentions of all the parties are left open. He therefore states that petitioner has the liberty to file a fresh petition on the same cause of action as any other interpretation would mean closure / forfeiture of rights and contentions of the petitioner.
6.
Needless to state that the said application is opposed by learned counsel for the respondents.
7.
This Court clarifies that while withdrawing the writ petition on 06th February, 2024, this Court was never informed by the petitioner that it would be filing a writ petition on the same cause of action before the
W.P.(C) 14212/2023 Page 2 of 3
Bombay High Court. Since, this Court was not informed about the petitioners intent of filing a writ petition in the Bombay High Court, there was no question of granting any liberty to the petitioner to move the Bombay High Court. However, it is open to the Bombay High Court to take a decision as to whether the writ petition filed by the petitioner is maintainable or not in view of the fact that rights and contentions of all the parties were left open.
8. With the aforesaid clarification, the present application stands disposed of.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J APRIL 8, 2024 AS
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