Shakuntala Devi v. Apollo Animal Medical Group Trust
2021-11-20
FARJAND ALI, MANINDRA MOHAN SHRIVASTAVA
body2021
DigiLaw.ai
JUDGMENT 1. Heard on prayer for modification of order dated 29.10.2021 passed by this Court in D. B. Civil Special appeal (Writ) No. 1415/2019. 2. Learned Senior Counsel appearing on behalf of the applicant would submit that at the time when the order was being passed by this Court earlier on 29.10.2021, it could not be highlighted that Respondent No. 4 in the appeal (since disposed off) had already moved an application for review, which remained pending on 29.10.2021. 3. Relying upon the decision of the Hon'ble Supreme Court in the case of State of Manipur & Others Vs. all Manipur Regular Post Vacancies S.T.a. & Others, (1997) 10 SCC 385 , 4. learned Senior Counsel would submit that the period during which the review petition had remained pending, has to be excluded for the purposes of computation of period of limitation in filing the writ-appeal. according to him, since the review petition was pending, while filing appeal, appellant may not be even required to seek any condonation of delay as entire period from 01.08.2019 would stand excluded. 5. It is contended that the occasion to seek modification has arisen because the order of the Court passed on 29.10.2021 seeks to restrict the benefit which the applicant could seek in view of the judgment of the Hon'ble Supreme Court in the case of State of Manipur & Others Vs. all Manipur Post Vacancies S.T.a. & Others (Supra). 6. While disposing off the writ-appeal filed by Shakuntala Devi wherein present applicant (Dulheram Meena) was arrayed as Respondent No. 4, we only dealt with a limited aspect of giving liberty without in any manner limiting or restricting or extinguishing the right of the applicant to bring into application the legal position adumbrated by the Hon'ble Supreme Court in State of Manipur & Others Vs. all Manipur Post Vacancies S.T.a. & Others (Supra). 7. This application is disposed of with the clarification that liberty granted to the applicant in order dated 29.10.2021 shall not come in the way of claiming exclusion of the entire period since the day the review petition has remained pending till the date of filing of writ-appeal in exercise of liberty.