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Supreme Court - Daily Orders

Adil Noshir Mithaiwala vs The State Of Uttar Pradesh on 17 October, 2014

     ITEM NO.34                               REGISTRAR COURT. 2                     SECTION II

                                      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 M K HANJURA

     Petition(s) for Special Leave to Appeal (Crl.)                             No(s).   5065/2013

     ADIL NOSHIR MITHAIWALA                                                        Petitioner(s)

                                                             VERSUS

     STATE OF U.P & ORS.                                                           Respondent(s)


     (with appln. (s) for permission to file additional documents and
     placing addl. facts and documents on record and stay and stay of
     arrest and vacating stay and office report)


     WITH
     SLP(Crl) No. 5129/2013
     (With appln.(s) for vacating stay and appln.(s) for permission to
     file additional documents and appln.(s) for permission to file
     additional documents and appln.(s) for stay of arrest and appln.(s)
     for stay and Office Report)

     Date : 17/10/2014 This petition was called on for hearing today.


     For Petitioner(s)
                                              Mr. Rahul Pratap,Adv.
                                              Mr. Karan Kumar, Adv.
     For Respondent(s)
                                              Ms. Vandana Sehgal,Adv.
                                              Mr. Rohan Thawani, Adv.


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

SLP(Crl) No. 5065/2013:

Respondent nos. 2 and 3 have already filed the counter affidavit.
Signature Not Verified
What gets revealed from the perusal of the office report is that although by order dated 11.09.2014 of this court Digitally signed by Madhu Grover Date: 2014.10.18 13:11:09 IST four weeks time as last chance was given to the learned counsel for Reason: the respondent no.1 for filing the counter affidavit, yet he has Contd....2 Item No. 34 - 2 - not done the needful so far. Therefore no further opportunity is warranted to be given to him on that count taking into consideration the rule position.
The office report proceeds to state that although by the same order dated 11.09.2014 of this court four weeks time as last chance was given to the learned counsel for the petitioner to file the affidavit in proof of dasti service of notice issued to the respondent no.4, yet he has not done the needful so far. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders and list thereafter.
SLP(Crl) No. 5065/2013:
Learned counsel for the respondent no.1 in SLP(Crl) No. 5065/2013 shall file the vakalatnama and counter affidavit on behalf of the respondent no.1 in this matter also within a period of four weeks. Respondent no.4 is said to be common in both the matters.
List on 08.01.2015.
(M K HANJURA) Registrar PS