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Supreme Court - Daily Orders

Union Of India vs Sonu Kumar on 26 July, 2021

     ITEM NO.23                       REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE
     SECTION XIV

                                   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).   12311/2020

     UNION OF INDIA & ORS.                                                Petitioner(s)

                                                     VERSUS

     SONU KUMAR & ORS.                                                    Respondent(s)

WITH Diary No(s). 26045/2020 (XI) SLP(C) No. 2306/2021 (XIV) (FOR ADMISSION and I.R. and IA No.17588/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 3285/2021 (XIV) (FOR ADMISSION and I.R. and IA No.26984/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 5609/2021 (XIV) (FOR ADMISSION and I.R. and IA No.49161/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 26048/2020 (XI) (FOR ADMISSION and I.R. and IA No.4191/2021-CONDONATION OF DELAY IN FILING and IA No.4193/2021-EXEMPTION FROM FILING O.T.) Date : 26-07-2021 This petition was called on for hearing today. For Petitioner(s) Mr. Suryodaya Prakash Tiwari, Adv. Mr. Gurmeet Singh Makker, AOR For Respondent(s) Mr. Mukesh K. Giri, AOR Mr. Kshitij Mudgal, Adv.

Mr. Vikalp Mudgal, AOR Ms. Shashi Kiran, AOR Mr. Ajay Kumar Singh, AOR Mr. Yatharth Singh, Adv.

UPON hearing the counsel through Video Conference, the Signature Not Verified Court made the following Digitally signed by Indu Marwah Date: 2021.07.29 10:35:01 IST Reason: O R D E R Diary No(s). 26048/2020 Fresh tagged matter.

Item No.23 -2-

SLP(C) No.12311/2020 Service is complete on respondent Nos.7, 8, 10, 11, 19, 32, 41, 50, 60 and 66 but none has entered appearance.

Respondent Nos.1 to 6, 9, 12 to 17, 20 to 31, 33 to 40, 42 to 49, 51 to 59 and 61 to 65 have filed counter affidavit.

Ld. counsel appearing for respondent Nos.1 to 3 in the main matter i.e., SLP(C) No.12311/2020 has vehemently argued that vide order dated 21.1.2021, the Hon’ble Court had directed to issue notice to the respondents returnable within two weeks. The said period has already expired. Therefore the matter is to be listed before the Hon’ble Court.

However, in terms of Office Order F.No.11/Judl./2019 dated 12.4.2019, in case where the Hon’ble Court has issued returnable notice and counter affidavit has not been filed at least one week before the returnable date, such matter shall be listed before the Hon’ble Court through the next Advance List as soon as the service of notice is complete and counter affidavit has also been filed.

In view of the above, request of the Ld. Counsel for the above-said respondents is not acceded to as the matter cannot be listed before the Hon’ble Court until and unless the pleadings are complete.

In the present case, it is not denied that the pleadings are yet to be completed. Therefore, four weeks' Item No.23 -3- time, as last opportunity, is granted to respondent No.18 for filing counter affidavit.

Diary No(s). 26045/2020 Sole respondent has filed counter affidavit alongwith application for exemption from filing official translation. Registry to process as per rules. SLP(C) No. 2306/2021 Four weeks' time, as last opportunity, is granted to respondent No.1 for filing counter affidavit. Four weeks' time is granted to respondent No.2 for filing counter affidavit.

SLP(C) No. 3285/2021 Four weeks' time is granted to the sole respondent for filing counter affidavit.

SLP(C) No. 5609/2021 Sole respondent has filed counter affidavit. List again on 6.9.2021.

RAJESH KUMAR GOEL Registrar