Supreme Court - Daily Orders
Sanjeev Gera vs Sangeeta Gera on 6 September, 2019
ITEM NO.26 REGISTRAR COURT. 1 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
BEFORE THE REGISTRAR ANIL LAXMAN PANSARE
Petition(s) for Special Leave to Appeal (C) No(s). 5548/2019
SANJEEV GERA Petitioner(s)
VERSUS
SANGEETA GERA Respondent(s)
(FOR ADMISSION and I.R. and IA No.32690/2019-EXEMPTION FROM FILING
O.T. )
Date : 06-09-2019 This petition was called on for hearing today.
For Petitioner(s)
Mr. Ashish Kumar Upadhyay, Adv.
Mr. Rishi Kapoor, Adv.
Mr. Krithk Bhardwaj, Adv.
Mr. Abhay Kaushik, Adv.
Mr. P. V. Yogeswaran, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Sole respondent is yet not served. Ld. Counsel appearing for the petitioner submits that the respondent is intentionally avoiding service. She is aware of pendency of present SLP. He has placed on record order dated 14.5.2019 passed by the Hon’ble High Court in MAT.APP.(F.C.)38/2019 which is a matter pending between petitioner and respondent herein who are appellant and respondent respectively before the High Court. The order in Signature Not Verified para 5 records that a copy of order dated 11.3.2019 passed in Digitally signed by RUPAM DHAMIJA Date: 2019.09.13 12:37:40 IST Reason: SLP (C)No.5548/2019 (present SLP) is handed over by Ld. Counsel for the respondent for Court’s perusal.
Item No.26 -2-Accordingly, Ld. Counsel for the petitioner submits that it is respondent who has handed over order passed in the present petition for perusal of Hon’ble Judges of the Hon’ble High Court. Thus, respondent is aware of pendency of present SLP. In spite thereof the respondent is not appearing in this petition before the Supreme Court.
On the basis of the aforesaid status, Ld. Counsel for the petitioner submits that the respondent be treated as deemed to have been served.
The above submissions would definitely show that respondent has knowledge of pendency of present SLP. However, it cannot be presumed on the basis of such status that she has been served with the notice in the present petition.
Ld. Counsel for the petitioner makes request to serve the respondent through District Judge, Gautam Budh Nagar, Noida, so also through registered post acknowledgment due and through authenticated e-mail. Permission granted. Dasti is requested, permitted in addition.
List again on 23.9.2019.
ANIL LAXMAN PANSARE Registrar