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TMI Blog2022 (8) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst Mr Surat Singh - list the matter before the Registrar General on 06.09.2022. Petition disposed off. - CM APPL. 33266/2022 in W.P.(C) 10456/2022 - - - Dated:- 17-8-2022 - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MS. JUSTICE TARA VITASTA GANJU Petitioner Through: Mr. Harsh Sethi and Mr. Anant Nigam, Advs. Respondent Through: Mr. Aditya Singla, Sr. Standing Counsel with Mr. Adhishwar Suri, Adv. [Physical Court hearing/ Hybrid hearing (as per request)] RAJIV SHAKDHER, J. (Oral): CM No.33266/2022 1. On the previous date, i.e., 29.07.2022, we had recorded the following concerning the above-captioned application: CM APPL. 33266/2022 6. This is an application whereby a dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ermore, the statement is also suggestive of the fact that the affiant, Mr Surat Singh was informed by Mr Baweja that the brain behind this ploy is one Mr Gaurav Gupta. 9. Mr Harsh Sethi, who, as indicated above, appears on behalf of the petitioner, has stated at the Bar that Mr Surat Singh had instructed him to file the writ petition and that the affidavit accompanying the writ petition was prepared at his behest and in his presence. 9.1. Mr Sethi also confirms that the affidavit accompanying the writ petition has been signed by Mr Surat Singh. 10. We may also note that Mr Singla has placed before us, apart from the statement of the affiant/Mr Surat Singh dated 18.07.2022, a photocopy of his Aadhar card. 10.1. Facially, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said documents to Court on the next date of hearing. 2. Pursuant to the directions issued on 29.07.2022, Mr Surat Singh (who has been identified by Mr Harsh Sethi, Advocate) is present in Court. 3. We have recorded the statement of Mr Surat Singh today. 3.1. In the statement made by Mr Surat Singh, he has admitted before us that he had appended his signatures, both, on the writ petition as well as the affidavit accompanying the writ petition. 3.2. Furthermore, on being queried, Mr Surat Singh has stated that the affairs of the petitioner concern were managed by one Mr Ravinder Baweja and that he was unaware of it s working. 3.3. To another query, as to whether he had interacted with Mr Gaurav Gupta, whose name had cropped ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isional attachment order which was issued on 31.12.2019, has lost its efficacy, despite which, it has not been withdrawn by the respondent. 3. Mr Aditya Singla, who appears on behalf of the respondent, says that he will return with instructions in the matter. 4. List the matter on 15.07.2022. 6.1. On the returnable date, i.e., 15.07.2022, Mr Singla had stated the following: W.P.(C) 10456/2022 CM APPL. 30207/2022[Application filed on behalf of the petitioner seeking interim relief] 1. Mr Aditya Singla, learned counsel, who appears on behalf of the respondent/revenue, has returned with instructions. 2. We are informed by Mr Singla that the provisional attachment order dated 31.12.2019, has not been extended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ofar as it did not record Mr Sethi s presence. Mr Sethi, was also, directed to file an affidavit in that regard within 10 days. 8.5. As noted above, Mr Sethi has filed an affidavit dated 08.08.2022 which also records the fact that he was present in court on 15.07.2022, apart from the aspect already noticed hereinabove. 9. The above-captioned application, though, was, filed by the petitioner, only to seek compliance of our order dated 15.07.2022. 10. However, in view of what has come to fore, the order dated 15.07.2022 passed by this Court cannot continue to operate. The said order is accordingly, recalled. 10.1. Consequently, the captioned writ petition, i.e., W.P.(C) 10456/2022, shall stand dismissed as, to say the least, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay record that the respondents/revenue have an obligation cast upon them, as stipulated in the judgment of the Supreme Court in Paramvir Singh Saini v. Baljit Singh and Ors. 2021 (1) SCC 184, which, inter alia, requires them to record statements in the manner prescribed in the said judgement. 15.1. This is something which respondent/revenue were required to bear in mind in this case, as well as in other cases. 16. The writ petition and the application are disposed of in the aforesaid terms. 17. For the purposes of good order and record, copies of the orders dated 20.09.2019; 23.09.2019 and 27.09.2019 passed in W.P.(C)No.5769/2019, along with the statements made by Mr Surat Singh and Mr Ravinder Baweja in the said writ petition, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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