Party seeking to comply with the judgment and taking time from court cannot later challenge it

Union of India v. Puja Dubey 2011 SCC OnLine Del 4879

 

7. We are of the view that a party to a lis if has represented to the Court that it intends to comply with the judgment and on such representation seeks extension of time prescribed for such compliance, and thereby acquiesces to the judgment, ought not to be permitted to subsequently challenge the said judgment without setting out as to why instead of complying, a decision for challenging the judgment has been taken. This is more so when such party to the litigation is the Government. It was so held by the Division Bench of this Court in Secretary, Govt. of India v. Sanjay Kumar MANU/DE/7428/2007 as also by the Division Bench of the Calcutta High Court in UOI v. R. Velumurugan (2009) 3 CHN 170. An attempt to brush the dust under the carpet cannot be ruled out.