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AARYAVEER GULATI (MINOR) THROUGH HIS NEXT FRIEND MRS DIVYA GULATI v. GOVT OF NCT DELHI

Supreme Court of India | Diary 10263/2020

Status

ROP - of Main Case

Decided On

20-03-2020

Bench

HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE MR. JUSTICE VINEET SARAN and HON'BLE MR. JUSTICE KRISHNA MURARI

Petitioner

AARYAVEER GULATI (MINOR) THROUGH HIS NEXT FRIEND MRS DIVYA GULATI

Respondent

GOVT OF NCT DELHI

Primary Holding

Concealment of a pending writ petition before another court on the same cause of action constitutes suppression of material facts, warranting dismissal of the subsequently filed petition at the threshold.

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Full Judgment Text

1 ITEM NO.3 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 455/2020 AARYAVEER GULATI (MINOR) THROUGH HIS NEXT FRIEND MRS DIVYA GULATI & ANR. Petitioner(s) VERSUS GOVT OF NCT DELHI & ORS. Respondent(s) (FOR ADMISSION and IA No.46994/2020-EX-PARTE STAY ) Date : 20-03-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Dhruv Mehta, Sr. Adv. Mr. Divyanshu Goyal, AOR Mr. Mudit Gupta, Adv. For Respondent(s) Mr. C.U. Singh, Adv. Mr. Puneet Bali, Adv. Mr. Aditya Soni, Adv Mr. Shree Pal Singh, AOR Mr. Chirag M. Shroff, AOR UPON hearing the counsel the Court made the following O R D E R It has been brought to our notice that the petitioners have filed another writ petition before the Delhi High Court being Writ Petition (C) Diary No.344331/2020 for the same reliefs including challenging the vires of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. This fact has not been disclosed in the writ

2 petition, which itself is a ground for dismissing this writ petition at the threshold for having concealed the material fact. The writ petition and pending application(s) are accordingly dismissed. The dismissal of this writ petition, however, will not come in the way of the petitioners to pursue pending writ petition before the High Court which may be decided on its own merits in accordance with law. (NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER

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