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Madhya Pradesh High Court

Ranjeetsingh @ Rana vs The State Of M.P. on 15 September, 2017

   MATTERS NOTIFIED AT SERIAL NOS.701 TO 708 ON THE
               BOARD DATED 15.09.2017
15.09.2017

1.     We pass a common order on the following terms and ready matters
will be made returnable on the dates mentioned hereunder:

(A) In cases where Process Fee charges are not paid so far, due to which
    notice(s) could not be issued, the Appellant(s)/Applicant(s)/
    Petitioner(s) are directed to pay Process Fee Charges within ONE
    WEEK from the date of order.
(B) On payment of Process Fee Charges, Office to issue notice to the
    concerned Respondent(s), returnable on the notified date mentioned

hereunder. In addition to Court notice, the Appellant(s)/ Applicant(s)/Petitioner(s) shall serve the unserved Respondent(s) by Advocate's notice, either personally or through speed post/e-mail/fax and file affidavit of service within SIX WEEKS from the date of order.

(C) In cases where any of the Respondent(s) has/have not been served so far, for whatever reason, the Appellant(s)/Applicant(s)/ Petitioner(s) to take steps to serve the unserved Respondent(s) within SIX WEEKS from today by Advocate's notice, either personally or through Speed Post/e-mail/fax and to file affidavit of service therefor. (D) In cases where notices have not been issued by the office for whatever reason, the returnable date in those cases is extended as notified hereunder. In addition to court notice, the Appellant(s)/Applicant(s)/Petitioner(s) shall serve the concerned Respondent(s) by advocate's notice either personally or through speed post/e-mail/fax and file affidavit of service within SIX WEEKS from the date of order.

(E) In case of any other office objection(s), the Appellant(s)/Applicant(s)/Petitioner(s) to take steps to remove the same within FOUR WEEKS from the date of order.

2. The concerned matter shall then be processed under appropriate caption as per its turn on the dates noted in the order. The Advocate/litigant is free to bring the notice of the Registry that Office objection is already cured and the mater ought to proceed. On such representation, the Registry will process the matter as per returnable dates noted in the order.


       S. No.     Cases as per Cause List No.        Returnable Dates
         1                  701 to 708                   01.11.2017



      (S. C. Sharma)                            (Alok Verma)
          Judge                                     Judge
rj

MATTERS NOTIFIED AT SERIAL NOS.701 TO 716 ON THE BOARD DATED 15.09.2017 15.09.2017

1. We pass a common order on the following terms and ready matters will be made returnable on the dates mentioned hereunder:

(A) In cases where Process Fee charges are not paid so far, due to which notice(s) could not be issued, the Appellant(s)/Applicant(s)/ Petitioner(s) are directed to pay Process Fee Charges within ONE WEEK from the date of order.
(B) On payment of Process Fee Charges, Office to issue notice to the concerned Respondent(s), returnable on the notified date mentioned hereunder. In addition to Court notice, the Appellant(s)/ Applicant(s)/Petitioner(s) shall serve the unserved Respondent(s) by Advocate's notice, either personally or through speed post/e-mail/fax and file affidavit of service within SIX WEEKS from the date of order.
(C) In cases where any of the Respondent(s) has/have not been served so far, for whatever reason, the Appellant(s)/Applicant(s)/ Petitioner(s) to take steps to serve the unserved Respondent(s) within SIX WEEKS from today by Advocate's notice, either personally or through Speed Post/e-mail/fax and to file affidavit of service therefor. (D) In cases where notices have not been issued by the office for whatever reason, the returnable date in those cases is extended as notified hereunder. In addition to court notice, the Appellant(s)/Applicant(s)/Petitioner(s) shall serve the concerned Respondent(s) by advocate's notice either personally or through speed post/e-mail/fax and file affidavit of service within SIX WEEKS from the date of order.
(E) In case of any other office objection(s), the Appellant(s)/Applicant(s)/Petitioner(s) to take steps to remove the same within FOUR WEEKS from the date of order.

3. The concerned matter shall then be processed under appropriate caption as per its turn on the dates noted in the order. The Advocate/litigant is free to bring the notice of the Registry that Office objection is already cured and the mater ought to proceed. On such representation, the Registry will process the matter as per returnable dates noted in the order.

S. No. Cases as per Cause List No. Returnable Dates 1 701 to 716 01.11.2017 (S. C. Sharma) Judge rj IN MATTERS NOTIFIED AT SERIAL NOS.1001 TO 1013 ON THE BOARD DATED 15.09.2017 DUE TO NON-COMPLIANCE OF COURT ORDER 15.09.2017 The Court proposes to pass this common conditional order to obviate passing of identical conditional order in these matters involving similar office objection/default.

In all these matters, due to non-removal of office objection within the prescribed time as per the Rules, the concerned matter was placed before the Registrar in the first instance. The Registrar granted sufficient time to the petitioner(s)/applicant(s)/appellant(s) to cure the defect/office objection, however, due to non-removal of office objection/default within the prescribed time, the concerned matter was required to be once again listed before the Court. The Court granted further time, by passing common order on the earlier occasion.

Inspite of repeated opportunity (three times-one under Rules, second by the Registrar and third by Court), the petitioner(s)/applicant(s)/appellant(s) has failed to cure the office objection/default. As a result, by way of indulgence and last opportunity, in terms of this order, SIX WEEKS' further time is granted to the petitioner(s)/applicant(s)/appellant(s) in the respective matters to remove office objection/default and make the matter ready for further hearing within that time, failing which the concerned petition/application/appeal shall stand dismissed for non- prosecution without further reference to the Court.

Provided, however, in cases, where the objection/default is about non- service of any of the respondent, on expiry of the extended period, the concerned matter will stand dismissed for non-prosecution only against the unserved respondent(s), without further reference to the Court. The matter would then proceed against the remaining respondent(s).

In cases where the office objection/default has already been cured before passing of this order, it will be open to the concerned party to bring that fact to the notice of the Registrar (Judicial-II), who may examine the same and proceed with the matter as per the listing /scheme, if ready for hearing.

If the office objections are removed within the time extended in terms of this order, the concerned matter(s) be made returnable on the date notified hereafter.

S. No. Cases as per Cause List No. Returnable Dates 1 1001 to 1013 01.11.2017 (S. C. Sharma) Judge rj CEA No.17/2009 15.09.2017 I.A. No.5540/2017.

This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category.

Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respects, as per its turn, under caption "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier.

Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to "High Court Expedited Cases" or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software.

Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing.

Application for urgent hearing of the main matter is disposed of on the above terms.

       (S. C. Sharma)                             (Alok Verma)
           Judge                                      Judge
rj
                               CEA No.32/2012
15.09.2017

       I.A. No.5539/2017.

This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category.

Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respects, as per its turn, under caption "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier.

Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to "High Court Expedited Cases" or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software.

Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing.

Application for urgent hearing of the main matter is disposed of on the above terms.

       (S. C. Sharma)                             (Alok Verma)
           Judge                                      Judge
rj
                                CEA No.5/2013
15.09.2017

       I.A. No.5542/2017.

This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category.

Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respects, as per its turn, under caption "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier.

Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to "High Court Expedited Cases" or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software.

Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing.

Application for urgent hearing of the main matter is disposed of on the above terms.

       (S. C. Sharma)                             (Alok Verma)
           Judge                                      Judge
rj
                              W. P. No.5920/2007
15.09.2017

       I.A. No.4969/2017.

This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category.

Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respects, as per its turn, under caption "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier.

Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to "High Court Expedited Cases" or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software.

Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing.

Application for urgent hearing of the main matter is disposed of on the above terms.

       (S. C. Sharma)                             (Alok Verma)
           Judge                                      Judge
rj
                              W. P. No.1228/2015
15.09.2017

       I.A. No.4943/2017.

This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category.

Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respects, as per its turn, under caption "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier.

Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to "High Court Expedited Cases" or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software.

Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing.

Application for urgent hearing of the main matter is disposed of on the above terms.

       (S. C. Sharma)                             (Alok Verma)
           Judge                                      Judge
rj
                              W. P. No.5647/2016
15.09.2017

       I.A. No.4960/2017.

This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category.

Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respects, as per its turn, under caption "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier.

Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to "High Court Expedited Cases" or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software.

Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing.

Application for urgent hearing of the main matter is disposed of on the above terms.

       (S. C. Sharma)                             (Alok Verma)
           Judge                                      Judge
rj
                               S. A. No.51/2014
15.09.2017

       I.A. No.5566/2017.

This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category.

Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respects, as per its turn, under caption "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier.

Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to "High Court Expedited Cases" or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software.

Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing.

Application for urgent hearing of the main matter is disposed of on the above terms.

       (S. C. Sharma)                             (Alok Verma)
           Judge                                      Judge
rj
                       W. P. No.10780/2012
15.09.2017

I. A. No.5007/2017 is an application for final hearing on short question arguments not exceeding 30 minutes.

Counsel for both side parties are directed to give an undertaking that their arguments will not take more than 30 minutes and shall abide by that time schedule. Parties are also directed to file their written submissions, within a week from today.

Subject to above, office is directed to update the matter additionally under category Writ (Civil) : High Court Expedited Cases : Short Question, Arguments Not Exceeding 30 Minutes.

Application - I.A. No.5007/2017 for urgent hearing is disposed of on above terms.

     (S. C. Sharma)                    (Alok Verma)
         Judge                             Judge
rj
                       F.A. No.488/2005
15.09.2017

I. A. No.5549/2017 is an application for final hearing on short question arguments not exceeding 30 minutes.

Counsel for both side parties are directed to give an undertaking that their arguments will not take more than 30 minutes and shall abide by that time schedule. Parties are also directed to file their written submissions, within a week from today.

Subject to above, office is directed to update the matter additionally under category Civil : High Court Expedited Cases : Short Question, Arguments Not Exceeding 30 Minutes.

Application - I.A. No.5549/2017 for urgent hearing is disposed of on above terms.

     (S. C. Sharma)                    (Alok Verma)
         Judge                             Judge
rj
                       C.R. No.199/2012
15.09.2017

I. A. No.5547/2017 is an application for final hearing on short question arguments not exceeding 30 minutes.

Counsel for both side parties are directed to give an undertaking that their arguments will not take more than 30 minutes and shall abide by that time schedule. Parties are also directed to file their written submissions, within a week from today.

Subject to above, office is directed to update the matter additionally under category Civil : High Court Expedited Cases : Short Question, Arguments Not Exceeding 30 Minutes.

Application - I.A. No.5547/2017 for urgent hearing is disposed of on above terms.

     (S. C. Sharma)                    (Alok Verma)
         Judge                             Judge
rj
                             C.R. No.101/2013
15.09.2017

       I.A. No.5511/2017.

This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category.

Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respects, as per its turn, under caption "High Court Expedited Cases" or any other suitable caption of priority cases, whichever is earlier.

Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to "High Court Expedited Cases" or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software.

Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing.

Application for urgent hearing of the main matter is disposed of on the above terms.

       (S. C. Sharma)                        (Alok Verma)
            Judge                                Judge
rj