MR. RAJEEV SETH vs STATE OF GOVERNMENT OF NCT OF DELHI & ORS.

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15.05.2025 + FAO(OS) 53/2025 & CM APPL. 29622/2025 MR. RAJEEV SETH .....Appellant Through: Mr.Arjun Aggarwal, Adv. versus STATE OF GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through: Ms.Nitika Bhutani, Adv. for R-1/GNCTD Mr.Arpit Dwivedi, Mr.Manmeet Singh Nagpal and Ms.Sakshi Kapoor, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) 1. With the consent of the learned counsels for the parties, this appeal is being taken up for hearing today itself. The next date of hearing, that is, 12.08.2025, stands cancelled. 2. This appeal has been filed by the appellant challenging the Order dated 08.04.2025 passed by the learned Single Judge of this Court in I.A. No. 2317/2025 and in I.A. No. 5333/2024 in TEST.CAS. 1/2023 titled Smt Archana Khanna v. State of Government of NCT of Delhi & Ors.. 3. By the Impugned Order, the learned Single Judge has allowed the I.A. 2317/2025, by which the respondent no.3 in the TEST.CAS. Signature Not Verified Digitally Signed FAO(OS) 53/2025 Page 1 of 3 By:RENUKA NEGI Signing Date:20.05.2025 15:32:03 had sought deletion from the array of parties. 4. The said application was conceded to by the respondent no.2 herein, who is the petitioner in the TEST.CAS. 5. The objection of the learned counsel for the appellant to the Impugned Order is that the said application was not listed before the Court on the said date and, therefore, could not have been taken up for hearing in the absence of the appellant. 6. The learned counsel for the respondent no.2 submits that being the petitioner in the TEST.CAS. and being dominus litus, the deletion of the respondent no.3 shall be treated to be at the peril of the respondent no.2 and