Leave granted.
Having heard Mr. Pallav Shishodia, learned senior counsel for
the appellants and Mr. Gopal Sankaranarayanan, learned senior
counsel for the sole respondent, we are not inclined to consider
interference in the core of the questioned part of impugned order
dated 17.02.2022 (from paragraph 11 onwards), insofar as the High
Court has considered it proper to direct registration of a Public
Interest Litigation (‘PIL’) concerning the association in question,
i.e., Indian Federation of United Nations Association, particularly
having regard to the prima facie observations of the High Court,
indicating the reasons for registering such a PIL after disposal of
the main matter involved in LPA No. 126 of 2022.
Learned senior counsel for the appellants has attempted to
SignaturemakeNot Verified several submissions as regards the stand of appellants and Indu Marwah
Civil Suit No. 554 of 2019 in the Court of Additional District
Judge-3, South District, Saket Courts, New Delhi. However, we are
of the view that all such submissions and all the relevant facts
and factors which, in the prima facie opinion of the High Court
require clarification, ought to be projected before the High Court.
Thus, we leave it open for the appellants to make all the
appropriate submissions before the High Court as regards their
response to the observations in the order impugned as also their
propositions/objections.
Even when we are not inclined to interfere with the matter at
this stage, while leaving it open for the appellants to make all
the relevant submissions before the High Court, we are of the view
that when the High Court has registered the matter as a PIL, it
ought to be dealt with as a non-adversarial litigation.
In this context, noticeable it is that the respondent of the
present appeal, who is said to have brought certain facts to the
notice of the High Court, is, otherwise, standing in the capacity
of a disputant qua the present appellants. That being the position,
the observations made in paragraph 17 of the order impugned, where
the High Court has permitted the respondent to assist the Court and
thereby has practically assigned him the role of an amicus, do not
appear compatible with the requirements of a PIL.
Therefore, we are inclined to annul the said paragraph 17 of
the impugned order. In other words, we leave the matter open to be
dealt with as a PIL; and all the relevant aspects of the matter are
left open for the examination by the High Court with the assistance
of amicus curiae, who has also been appointed in terms of paragraph
18 of the order impugned.
Subject to the observations foregoing, this appeal stands
disposed of at this stage itself.
It goes without saying that we have not expressed any opinion
on the merits of the case either way.
[ANIRUDDHA BOSE] New Delhi; March 21, 2022.
ITEM NO.9 Court 14 (Video Conferencing) SECTION XIV
Petition for Special Leave to Appeal (C) No. 4391/2022
(Arising out of impugned final judgment and order dated 17-02-2022 in LPA No. 126/2022 passed by the High Court of Delhi at New Delhi)
SURESH SRIVASTAVA & ORS. Petitioner(s)
SUNDEEP BHUTORIA Respondent(s)
(FOR ADMISSION and I.R. and IA No.36007/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 21-03-2022 This petition was called on for hearing today.
CORAM :
For Petitioner(s) Mr. Pallav Shishodia, Sr. Adv.
Ms. Garima Prashad, Sr. Adv.
Mr. Surjendu Sankar Das, AOR
Ms. Tanya Tikiya, Adv.
For Respondent(s) Mr. Gopal Shankaranarayanan, Sr. Adv.
Mr. Ashok Kumar Jain, Adv.
Mr. Avneesh Garg, Adv.
Mrs. Meenakshi Jain, Adv.
Mr. Bijoy Kumar Jain, AOR
UPON hearing the counsel the Court made the following
Leave granted.
The appeal stands disposed of in terms of the reportable
Signed Order.
All pending applications stand disposed of.
(SHRADDHA MISHRA) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed reportable order is placed on the file)