Supreme Court - Daily Orders
Nyati Builders Pvt. Ltd. vs Rajat Dinesh Chauhan on 4 March, 2021
ITEM NO.2 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE
SECTION IX
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 SH. RAJESH KUMAR GOEL
Petition(s) for Special Leave to Appeal (C) No(s). 6434/2016
NYATI BUILDERS PVT. LTD. Petitioner(s)
VERSUS
RAJAT DINESH CHAUHAN & ORS. Respondent(s)
Date : 04-03-2021 This petition was called on for hearing today.
For Petitioner(s)
Ms Samten Doma, Adv.
Mrs. Pragya Baghel, AOR
For Respondent(s)
Mr Aditya Kumar Dubey, Adv.
Mr. Devvrat, AOR
UPON hearing the counsel through Video Conference, the
Court made the following
O R D E R
Opportunity to respondent nos. 1 and 2 to file counter affidavit has already been declined.
Respondent nos. 3 and 4 are yet to be served. As per office report, the process to respondent nos. 3 and 4 has been issued through Department of Legal Affairs. On enquiry being made, it was revealed that the process to respondent nos. 3 and 4 has been issued through the Department of Legal Affairs because fresh address has been furnished by the petitioner, which is of Dubai and as per the established Signature Not Verified norms/guidelines, Digitally signed by RASHI GUPTA Date: 2021.03.08 if a person is residing in some foreign 16:39:02 IST Reason:
country, then in that case process/notices are to be issued through Department of Legal Affairs. It was also pointed out -2- Item No.2 that in such matters, the Ministry of Department of Legal Affairs may take some more time. Service report from the Department of Legal Affairs is awaited. Let reminder be issued.
Record would further indicate that e-mail addresses have been furnished by the petitioner pertaining to respondent nos. 3 and 4. Let additional process be issued through e-mail address.
Ld. counsel for respondent nos. 1 and 2 pointed out that this matter pertains to the year 2016 and there is stay order pertaining against the respondents, therefore a request was made to place the matter before the Hon'ble Court. Since respondent nos. 3 and 4 are yet to be served, as of now, matter cannot be ordered to be placed before the Hon'ble Court. However, this is a fact that this matter pertains to the year 2016 and vide order dt.15.03.2016, at the time of issuance of notice, it was directed by the Hon'ble Court that there shall be stay of proceedings in Special Civil Suit No.1449/2008. Petitioner shall also make genuine efforts to serve respondent nos. 3 and 4. Ld. counsel for the petitioner has requested for dasti service. Dasti in addition is allowed. Respondent nos. 1 and 2 are also at liberty to intimate respondent nos. 3 and 4, if they are in touch, about the pendency of the present litigation and the stay order operating against the respondents, as claimed by them.
List again on 15.4.2021.
RAJESH KUMAR GOEL Registrar