$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010417632026 + CM(M) 1948/2026, CM APPL. 59853/2026 & CM APPL. 59854/2026 ANIL KUMAR BHAREL .....Petitioner Through: Mr. Sacchin Puri, Sr. Advocate with Mr. Aabhas Dahiya, Ms. Ashna Bhola, Ms. Shubhnavi Shivhare, Mr. Himanshu Dagar, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ANR......Respondents Through: Mr. Dhananjay Sahai, Additional Standing Counsel, with Mr. Karan Mamgain, Advocates for R1 and R2 CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 07.09.2026 1. The present petition impugns the order dated 29.08.2026 passed by the learned Principal District & Sessions Judge, South District, Saket Courts, New Delhi in MCD APPL. No. 04/2024 and MCD APPL. No. 05/2024, both titled “Anil Kumar Bharel v. MCD & Anr.”, whereby the learned Appellate Court vacated the interim stay operating in favour of the petitioner and adjourned the matters for final arguments. 2. The underlying appeals were preferred by the petitioner seeking setting aside of the order dated 10.01.2024 passed by the learned Appellate Tribunal, MCD (ATMCD) in Appeal No. 723/2023. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 11:24:48 3. The learned Appellate Court vide the order dated 27.03.2024 issued notice and stayed the operation of the order dated 10.01.2024 till the next date of hearing. The relevant portion of the aforesaid order is reproduced hereunder: “Issue notice of the appeal to the respondents on filing of PF, RC as well as through all approved electronic modes for 05.04.2024. Process be given dasti, as prayed. TCR be summoned for the NDOH. Operation of the impugned order dated 10.01.2024 is stayed till the NDOH.” 4. This interim protection was extended from time to time. On 16.07.2026, the appeals were adjourned to 27.08.2026 for arguments, with interim orders directed to continue in the interregnum. 5. Subsequently, 27.08.2026 was declared a court holiday pursuant to Notification No. 85/G-4/Genl.-I/DHC dated 21.08.2026 issued by this Court, and in terms thereof, the matters were taken up on 29.08.2026. 6. On the said date, the learned counsel appearing for the petitioner was indisposed on account of being engaged in a hearing before the learned Tis Hazari Courts, Delhi. Despite a request for accommodation being made through the learned proxy counsel appearing for the petitioner, the learned Appellate Court vacated the interim stay and listed the matter for final arguments, observing as follows: “Ld. Proxy Counsel for the Appellant seeks adjournment on the ground that the main counsel is busy in Tis Hazari Courts, Delhi. Adjournment is strongly opposed by Ld. Counsel for the MCD on the ground that Appellant is enjoying stay. Perusal of file reveals that on the last date of hearing adjournment was sought and both Ld. Counsels for the parties were directed to remain present today for arguments. In these circumstances, the stay is vacated and case is adjourned for final arguments for 12.09.2026.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 11:24:48 7. Mr. Sacchin Puri, the learned senior counsel appearing for the petitioner, submits that the non-availability of the main counsel on 29.08.2026 was solely attributable to a bona fide professional conflict which arose due to the rescheduling of the date of hearing on account of the said notification. It is prayed that as a matter of final indulgence, one opportunity may be granted to the petitioner to argue the appeals on the date already fixed before the learned Appellate Court. 8. Heard. Perused the record. 9. This Court is of the considered view that the interim protection, which had been continuously operating in favour of the petitioner since March 2024, ought not to have been vacated solely due to the bona fide absence of the learned counsel for the petitioner on a hearing rescheduled pursuant to a notification declaring a court holiday. 10. This Court deems it appropriate, in the interest of justice, to set aside the impugned order dated 29.08.2026 to the extent that it vacates the interim stay. Accordingly, the interim order dated 27.03.2024 stands restored till the next date of hearing i.e., 12.09.2026 before the learned Appellate Court. 11. The learned counsel for the petitioner shall make all endeavours to remain present on the next date of hearing before the learned Appellate Court to argue the appeals on merit. Likewise, the learned counsel for the respondents shall make all endeavours to remain present to address such arguments. It is made clear that neither party shall seek any unnecessary adjournment. 12. It is clarified that this Court has not appreciated the merits of the case, and the learned Appellate Court shall proceed to decide the appeals in accordance with law. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 11:24:48 13. In view of the aforesaid, nothing further survives for adjudication in the matter. Accordingly, the present petition, along with pending applications, if any, stands disposed of. AJAY DIGPAUL, J SEPTEMBER 7, 2026 Sk/as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 11:24:48