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Supreme Court - Daily Orders

Wg.Cdr. A.U. Tayyaba ( Retd). vs Union Of India on 3 September, 2014

     ITEM NO.31                               REGISTRAR COURT. 2                  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 M K HANJURA

     Civil Appeal                 No(s).      79-82/2012

     CDR. A.U. TAYYABA & ORS.                                                Appellant(s)

                                                           VERSUS

     UNION OF INDIA & ORS.                                                   Respondent(s)

      WITH
      C.A. No. 83-84/2012
     (With Office Report)

     Date : 03/09/2014 These appeals were called on for hearing today.


     For Appellant(s)
                                              Mr. Sridhar Potaraju,Adv.


     For Respondent(s)                        Ms.Seema Thapliyal,adv.
                                              Mr. B. V. Balaram Das,Adv.


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Civil Appeal No.79-82/2012 Ld.counsel for the petitioners shall file the fresh particulars of the respondent No.7 within a period of three weeks. He shall also take fresh steps for the service of notice to him within the same period.

The served respondents shall be at liberty to file the counter affidavit within a period of four weeks in case they intend to do so.

Reason: …...2 ITEM NO.31 -2- Civil Appeal Nos.83-84/2012 What gets revealed from the perusal of the office report is that the appellant has already filed the statement of case, but the counsel for the respondents has not filed the same though he was notified to do so on 27.06.2013. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the respondent has entered appearance and does not file a statement of case within the time, as provided in Sub Rule(1) (i.e. 35 days) it shall be presumed that he does not desire to lodge the same.

In view of the rule position cited above no further opportunity for filing the statement of case is warranted to be given to the respondents. Viewed thus, the matter shall be processed for listing before the Hon'ble Court under the rules.

(M K HANJURA) Registrar SB