Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

The Dhanalakshmi Bank Ltd. vs The Commissioner Of Income Tax, Trichur on 24 February, 2015

     Item No.11                                    1

                               REGISTRAR COURT. 2                 SECTION IIIA

                              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

     Civil Appeal           No(s).    2958/2012

     DHANALAKSHMI BANK LTD.KERALA                                   Appellant(s)

                                                  VERSUS

     C.I.T KERALA                                                   Respondent(s)


     WITH
     C.A. No. 2959/2012
     C.A. No. 2960/2012
     SLP(C) No. 3759/2012


     C.A. No. 7077/2014



     Date : 24/02/2015 These appeals were called on for hearing today.


     For Appellant(s)                Mr. Pratap Venugopal,Adv.
                                     M/s. K. J. John & Co.,Adv.

                                     Mr. S. Sukumaran,Adv.
                                     Ms. Meera Mathur,Adv.
                                     Mr. M. P. Vinod,Adv.

     For Respondent(s)
                                     Mr. B. V. Balaram Das,Adv.

                                     Mr. A.K. Kaul,Adv.
                                     Mrs. Anil Katiyar,Adv.

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

The office report is that the appellant and the respondents have Reason: failed to file the statement of case, although they were notified to do so by notice dated 19.2.2013 of the Registry. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the appellant Item No.11 2 does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsis containing chronology of events as filed at the time of presentation of petition for seeking special leave to appeal (SLP)/Appeal, as statement of case,and does not desire to file any further statement of case. The order further provides that if the respondent who has entered appearance does not file a statement of case within the time, as provided in Sub Rule(1) (i.e. 35 days) it shall be presumed that he does not desire to lodge the same. In view of the rule position cited above the matter shall be processed for listing before the Hon'ble Court under the rules.

The office report is that the respondent has filed the statement of case. The office report proceeds to state that the learned counsel for the appellant has failed to file the statement of case although he was notified to do so by notice dated 19.2.2013 of the Registry. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the appellant does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsis containing chronology of events as filed at the time of presentation of petition for seeking special leave to appeal (SLP)/Appeal, as statement of case,and does not desire to file any further statement of case. In view of the rule position cited above the matter shall be processed for listing before the Hon'ble Court under the rules.

The office report is that the sole respondent has already filed the counter affidavit. Viewed thus, the matter shall be processed for listing before the Hon'ble Court under the rules.

Await the return of the Certificate of the Service of notice issued to the respondent from the concerned High Court. A reminder shall be issued.

List again on 5.5.2015.

(M K HANJURA) Registrar MG