Supreme Court - Daily Orders
M/S Kamakhya Coal Pvt. Limited vs Parag Gogoi on 23 August, 2021
Bench: D.Y. Chandrachud, M.R. Shah
SLP(C) 12331/2021
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ITEM NO.17 Court 4 (Video Conferencing) SECTION XIV
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.12331/2021
(Arising out of impugned final judgment and order dated 23-06-2021
in RSA No.264/2017 passed by the Gauhati High Court)
M/S KAMAKHYA COAL PVT. LIMITED Petitioner(s)
VERSUS
PARAG GOGOI Respondent(s)
(With appln.(s) for I.R. and IA No.96080/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT)
Date : 23-08-2021 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE M.R. SHAH
For Petitioner(s) Mr. Neeraj Kumar Jain, Sr. Adv.
Mr. Umang Shankar, AOR
Mr. Aniket Jain, Adv.
For Respondent(s) Mr. Bharat Sangal, Sr. Adv.
Ms. Anasuya Choudhury, Adv.
Mr. Nagarkatti Kartik Uday, AOR
Ms. Babita Kushwaha, Adv.
Ms. Anindita Deka, Adv.
Ms. Lainmon Rani Boro, Adv.
Signature Not Verified
Digitally signed by
Chetan Kumar
Date: 2021.08.23
19:05:47 IST
Reason:
SLP(C) 12331/2021
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UPON hearing the counsel the Court made the following
O R D E R
1 Mr Neeraj Kumar Jain, learned senior counsel appearing on behalf of the petitioner submits that the High Court has committed an error in holding that though there was an admission of the title of the petitioner-plaintiff by the respondent (relevant portions of the admissions are set out at page ‘G’ of the Synopsis), the provisions of Section 68 of the Evidence Act would apply and it was necessary for the petitioner to independently establish title to the property. Moreover, it has been submitted that the registered sale deed was produced on behalf of the petitioner and was marked in evidence.
2 Issue notice.
3 Mr Bharat Sangal, learned senior counsel appearing on behalf of the respondent accepts notice.
4 Counter affidavit be filed within a period of eight weeks. Rejoinder affidavit, if any, be filed within four weeks after the counter is filed.
5 Mr Bharat Sangal states that relevant parts of the deposition of the witnesses would be annexed together with the counter affidavit.
6 List the matter after twelve weeks.
7 Until further orders, no third party rights shall be created in respect of the suit property.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. COURT MASTER