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Supreme Court - Daily Orders

Indiabulls Housing Finance Limited vs Vaibhav Jhawar on 26 October, 2020

     ITEM NO.17                       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. ANIL LAXMAN PANSARE

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 23549/2019

     INDIABULLS HOUSING FINANCE LIMITED                                  Petitioner(s)

                                                     VERSUS

     VAIBHAV JHAWAR & ORS.                              Respondent(s)
     WITH
     SLP(C) No. 20164/2019 (XII)
     (FOR ADMISSION and I.R. and IA No.127735/2019-PERMISSION TO FILE
     LENGTHY LIST OF DATES)

     Date : 26-10-2020 This petition was called on for hearing today.


     For Petitioner(s)
                                       Ms. Neha Mathen, Adv.
                                       Ms. Pritha Srikumar, AOR

     For Respondent(s)
                                       Mr.   Rahul Joshi, AOR
                                       Mr.   Shikhil Suri, Adv.
                                       Ms.   Madhu Suri, Adv.
                                       Ms.   Shilpa Saini, Adv.
                                       Ms.   Nikita Thapar, Adv.
                                       Ms.   Vinishma Kaul, Adv.
                                       Mr.   Shiv Kumar Suri, AOR


               UPON hearing the counsel through Video Conference, the
     Court made the following
                                  O R D E R

SLP(C) No. Diary No(s). 23549/2019 Respondent Nos.1 to 5 have filed counter affidavit. Ld. counsel for the petitioner submits that petitioner had made an attempt to serve dasti upon respondent Nos.6 and Signature Not Verified Digitally signed by Anil Laxman Pansare Date: 2020.10.28 19 but both the respondents have refused to accept service. 14:29:51 IST Reason: Affidavit to that effect has been filed. According to her, refusal to accept dasti amounts to good service. Item No.17 -2- To my mind, such refusal of dasti would not amount to good service. Petitioner ought to have approached the Trial Court in terms of Order LIII Rule 3, Supreme Court Rules, 2013. The petitioner is accordingly directed to take necessary steps and furnish fresh particulars within two weeks.

Remaining respondents have been served but none has entered appearance.

SLP(C) No. 20164/2019 Opportunity to respondent No.1 to file counter affidavit has already been declined. Service is complete on respondent Nos.2 and 3 but none has entered appearance.

List again on 01.12.2020.

ANIL LAXMAN PANSARE Registrar