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Supreme Court - Daily Orders

C.I.T. vs M/S. Nestle India Ltd on 13 November, 2014

     ITEM NO.96                                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).   4/2012

     C.I.T                                                                         Appellant(s)

                                                            VERSUS

     M/S NESTLE INDIA LTD.                                                         Respondent(s)


     WITH
     C.A. No. 6/2012
     C.A. No. 782/2012
     (With Office Report)


     Date : 13/11/2014 This appeal was called on for hearing today.


     For Appellant(s)
                                               Mr. B. V. Balaram Das,Adv.
                                               Ms.Bhaswati Anukampa,adv.
                                               Mrs. Anil Katiyar,Adv.

     For Respondent(s)                         Ms.Shraddha,adv.
                                               Ms. Kavita Jha,Adv.



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

The office report indicates that the Ld.counsel for the appellant has already filed the statement of case. What gets revealed from the perusal of the file is that the respondent has failed to file the statement of case although he was notified to do so by notice dated 31.08.2012 of the Registry. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the respondent has entered appearance Signature Not Verified and does not file a statement of case Digitally signed by Sushma Kumari Bajaj within the time, as provided in Sub Rule(1) (i.e. 35 days) it shall Date: 2014.11.15 10:42:39 IST Reason:

be presumed that he does not desire to lodge the same.
…........2 ITEM NO.96 -2- In view of the rule position cited above no further opportunity for filing the statement of case is warranted to be given to the respondent. Viewed thus, the matter shall be processed for listing before the Hon'ble Court under the rules.
(M K HANJURA) Registrar SB