Supreme Court - Daily Orders
Sunil Marwah vs Poonam Chaudhary on 19 November, 2019
Bench: Sanjay Kishan Kaul, K.M. Joseph
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8854/2019
[@ SLP [C] NO.22077/2018]
SUNIL MARWAH Appellant (s)
VERSUS
POONAM CHAUDHARY & ORS. Respondent(s)
WITH
C.A. No.8858/2019
@ SLP(C) No.27477/2019
@ Diary No(s). 13841/2019 (X)
O R D E R
IA No. 63444/2019 - APPROPRIATE ORDERS/DIRECTIONS IA No. 158232/2019 - APPROPRIATE ORDERS/DIRECTIONS Leave granted.
The private parties in the present case have reconciled their differences and have entered into a settlement dated 04.09.2019.
We have perused the terms of the settlement and the settlement does not appear to suffer from any legal infirmity.
In terms of the settlement various other proceedings also stand compromised which are enlisted in para 11 of the settlement as under:
“(A) First Appeal No.80 of 2009 (Vikramjeet Marwaha v. Yashbir Singh) pending in the Hon’ble High Court of Signature Not Verified Uttarakhand at Nainital.(Filed by Second Party) Digitally signed by ANITA MALHOTRA Date: 2019.11.25 16:51:26 IST Reason: (B) First Appeal No.81 of 2009 (Vikramjeet Marwaha v.
Yashbir Singh) Pending in the Hon’ble High Court of Uttarakhand at Nainital (Filed by Second Party) 2 (C) Criminal Misc. Application No.77 of 2018 (Swapan Kunar Marwaha State of Uttarakhand & Ors.) Pending in the Hon’ble High Court of Uttarakhand at Nainital(Filed by Second Party) (D) WPCRL No.861/2019 (Poonam Chaudhary v. State and Ors.) Pending in the Hon’ble High Court of Uttarakhand at Nainital (Filed by First Party).” The settlement is duly signed by the parties and witness.
We, thus, take the settlement on record and pass a decree inter se the parties in terms of the settlement which shall form part of the order. The parties will remain bound by the terms of the settlement.
All proceedings as enlisted aforesaid would also stand closed. The aforesaid, however, leaves us with the question of the passport which was issued to the first respondent and stands revoked by respondent No.5. In fact respondent Nos.2 to 5 are the Union of India and the passport department. In terms of the impugned order the revocation, which was initially at the behest of the petitioner, stands quashed only on the ground that no notice was served before revoking the passport. We make it clear that the aforesaid settlement does not preclude respondent Nos.2 to 5 to proceed in accordance with law, if they are so advised, qua the issue of revocation. The appeals and the applications stand disposed of. The release of the passport to the respondent No.1 would be natural sequiter of the impugned order unless any show cause notice, as advised, is issued by respondent Nos.2 to 5 within a 3 period of two weeks from today.
……………………………………...J. [SANJAY KISHAN KAUL] ……………………………….....J. [K.M. JOSEPH] NEW DELHI;
NOVEMBER 19, 2019.
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ITEM NO.11 COURT NO.12 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 22077/2018
(Arising out of impugned final judgment and order dated 26-03-2018 in WP No. 714/2018 passed by the High Court Of Uttarakhand At Nainital) SUNIL MARWAH Petitioner(s) VERSUS POONAM CHAUDHARY & ORS. Respondent(s) IA No. 63444/2019 - APPROPRIATE ORDERS/DIRECTIONS IA No. 158232/2019 - APPROPRIATE ORDERS/DIRECTIONS IA No. 171228/2018 - VACATING STAY) WITH Diary No(s). 13841/2019 (X) FOR CONDONATION OF DELAY IN FILING ON IA 65281/2019 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 65283/2019 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 65286/2019 IA No. 65281/2019 - CONDONATION OF DELAY IN FILING IA No. 65283/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 65286/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 19-11-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Manan Verma, AOR For Respondent(s) R-1 Mr. Ramesh P. Bhatt, Sr. Adv.
Mr. P. N. Gupta, AOR Mr. Nishant Gautam, Adv.
Mrs. Bharti Gupta, Adv.
Ms. Aishwaraya Bhati, Sr. Adv.
Ms. Priyanka Das, Adv.
Mr. Sanjib Das, Adv.
Mr. B. V. Balaram Das, AOR 5 UPON hearing the counsel the Court made the following O R D E R Delay condoned.
The appeals stand disposed of in terms of the signed order. Pending applications stand disposed of.
(ASHA SUNDRIYAL) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
[signed order is placed on the file]