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[Cites 2, Cited by 2]

Supreme Court - Daily Orders

M/S Sreemitra Developers P. Ltd vs K Venkateshwar Rao on 15 May, 2015

Bench: Jagdish Singh Khehar, Madan B. Lokur, Kurian Joseph

     I.A.2/15 in SLP(C) No.1772/15                          1

     ITEM NO.19                                   COURT NO.4                       SECTION XVII

                                     S U P R E M E C O U R T O F              I N D I A
                                             RECORD OF PROCEEDINGS

     I.A. 2/2015 in Petition(s) for Special Leave to Appeal (C) No(s).
     1772/2015

     M/S SREEMITRA DEVELOPERS P. LTD & ORS                                          Petitioner(s)

                                                           VERSUS

     K VENKATESHWAR RAO                                                             Respondent(s)

     (For restoration and office report)

     Date : 15/05/2015 This application was called on for hearing today.

     CORAM :
                               HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                               HON'BLE MR. JUSTICE MADAN B. LOKUR
                               HON'BLE MR. JUSTICE KURIAN JOSEPH

     For Petitioner(s)                     Mr.Abhay N.Das, Adv.
                                           Mr. B. Vijay Kumar, Adv.

     For Respondent(s)

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

Heard learned counsel for the applicants/petitioners. For the reasons indicated in paragraphs 2 and 3 of the application, which are duly supported by the affidavit of the advocate-on-record, we are satisfied that the non-appearance of the learned counsel for the petitioners on 30.01.2015 was neither deliberate nor intentional. In view of the above, the application is allowed, the order dated 30.01.2015 is recalled, and the main petition is ordered to be restored to its original number. Signature Not Verified Digitally signed by Satish Kumar Yadav Date: 2015.05.16

Having heard learned counsel for the petitioners in the 12:53:00 IST Reason: main case, we find no merit in the contentions advanced before us, for the exercise of our jurisdiction under Article 136 of the I.A.2/15 in SLP(C) No.1772/15 2 Constitution of India for interfering with the impugned order dated 09.09.2013 passed by the National Consumer Disputes Redressal Commission, New Delhi.

In spite of the above, a perusal of the impugned order specially paragraph 3 thereof, prima facie indicates the commission of a number of offences under the provisions of Indian Penal Code. We accordingly direct the Registry of this Court, to bring the aforesaid factual position to the notice of the concerned jurisdictional police station, for the registration of an FIR, so that investigation can be made in respect of the allegations contained therein. And thereupon, further action if called for, is initiated in accordance with law.

The special leave petition is disposed of in the above terms.

(SATISH KUMAR YADAV)                                                   (RENUKA SADANA)
     AR-CUM-PS                                                          COURT MASTER