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Judgment
Heard on I.A.No.1, application for condonation of delay in filing the appeal.
The present appeal has been filed against the order dated 28/10/2021, passed by learned Single Bench of this Court in WPC No.4210 of 2021, wherein the learned Single Bench has allowed the said writ petition without issuing any notice to the appellant herein.
Learned counsel for the appellant would submit that the impugned order dated 28/10/2021 (Annexure A/1) was passed without giving any opportunity of hearing to the appellant. He would further submit that since the order was not in know of the appellant, it will have a trapping to the rights of the appellant and they came to know about the order subsequently on 01/02/2023 before the NCLT. He would further submit that subsequent thereto immediately the writ appeal has been filed. He placed his reliance in the matter of Johra and others Vs. State of Haryana and others {(2019) 2 SCC 324} and would submit that any order in the like nature without giving any notice of hearing when it has an adverse impact on the right of the some of the parties cannot be sustained and opportunity of hearing is required to be given.
Shri Surfaraj Khan, learned counsel for Respondent No.1; Ms. Astha Shukla, learned Government Advocate along with Shri Vikram Sharma, learned Deputy Government Advocate for the State and Shri P.R. Patankar, learned counsel for respondent No. 6 would submit that the order is only to decide the representation and no orders on merit have been passed.
In view of submissions, facts & proceeding of case, without going into the merits of the case, at this juncture having considered the reasons stated in the application for condonation of delay, we deem it appropriate to condone the delay. Accordingly, I.A.No.1 is allowed and the delay in filing the appeal is condoned.
Further considering the tenor of the order which apparently passed without notice to the appellant, we deem it appropriate to give an opportunity of hearing to the appellant in view of the law laid down by the Supreme Court in the matter of Johra (supra). Accordingly, the order dated 28/10/2021 is set aside. In a result, WPC No.4210 of 2021 would stand for rehearing as fresh matter and the parties shall appear before the learned Single Bench on 27th of March, 2023. The parties shall be at liberty to raise all the grounds before the learned Single Judge.
Accordingly, the appeal is allowed to the extent indicated above.