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M/S M3M India Pvt. Ltd vs Union Of India on 17 September, 2024

Bench: Abhay S. Oka, Pankaj Mithal

                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION


                                       CIVIL APPEAL NO.10634 OF 2024
                              (Arising out of S.L.P.(Civil) No.18201 of 2024)


                         M/S M3M INDIA PVT. LTD. & ANR.                              ... APPELLANT(S)

                                                             VS.


                         UNION OF INDIA & ORS.                                       ... RESPONDENT(S)


                                                        O R D E R

The learned senior counsel representing the Punjab and Haryana High Court Bar Association seeks time to take instructions in terms of the order dated 14th August, 2024.

Leave granted.

The learned counsel appearing for the second respondent stated that he was virtually present before the Division Bench of the High Court on 26th July, 2024. He stated that as the members of the Bar had abstained from the Court work, the Bench adjourned several cases. However, one Mr. Yatish Vahal claiming to be the authorised representative of the first appellant made extensive submissions before the Bench and therefore, the Bench heard the matter and disposed of the Civil Writ Signature Not Verified Digitally signed by Anita Malhotra Date: 2024.09.18 Petition.

Reason: 1  The learned senior counsel appearing for the appellants submits that the authorised representative did make submissions but not the detailed submissions, as contended by the learned counsel appearing for the second respondent.

As the advocates were abstaining from the Court work and as the Bench was adjourning many cases due to their absence, the authorised representative of the appellants ought to have applied for an adjournment. However, he took a chance by arguing the petition, though the appellants had engaged the services of an advocate. It is only because of his adventurous approach that the High Court decided the Writ Petition of merits.

Only by way of indulgence, we are inclined to set aside the impugned order, subject to appellants paying costs of Rs.1,00,000/- (Rupees one lakh) to the National Legal Services Authority within a period of one month from today.

Accordingly, the impugned order dated 26th July, 2024 is set aside and CWP No.17388 of 2024 is restored to the file of the High Court of Punjab and Haryana at Chandigarh subject to condition of the appellants depositing costs of Rs.1,00,000/- (Rupees one lakh) with the National Legal Services Authority within a period of one month from today.

2  The appeal is accordingly disposed of.

For considering the conduct of the Punjab and Haryana High Court Bar Association, the appeal shall be listed on 21st October, 2024.

..........................J. (ABHAY S.OKA) ..........................J. (PANKAJ MITHAL) NEW DELHI;

September 17, 2024.

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ITEM NO.69               COURT NO.6                  SECTION IV-B

               S U P R E M E C O U R T O F       I N D I A
                       RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)     No(s).   18201/2024

(Arising out of impugned final judgment and order dated 26-07-2024 in CWP No. 17388/2024 passed by the High Court of Punjab & Haryana at Chandigarh) M/S M3M INDIA PVT. LTD. & ANR. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (IA No. 178946/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 17-09-2024 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Vikram Chaudhari, Sr. Adv. Mr. Jatin Sehgal, Adv. Ms. Devna Soni, Adv.

Mr. Keshavam Chaudhri, Adv. Mr. Rajat Joneja, Adv. Mr. Rishi Sehgal, Adv. Ms. Arveen Sekhon, Adv. Ms. Hargun Sandhu, Adv. Mr. Anmol Kumar, Adv.

Mr. Manmeet Singh Nagpal, Adv. Mr. Gulshan Kumar Sachdeva, Adv. Mr. Sajal Bansal, Adv. Ms. Muskaan Khurana, Adv. Mr. Kartik Yadav, Adv. Mr. Ayush Choudhary, AOR For Respondent(s) Mr. Zoheb Hussain, Adv. Mr. Rajat Nair, Adv.

Mr. Annam Venkatesh, Adv. Mr. Vivek Gurnani, Adv. Ms. Nidhi Saini, Adv.

Ms. Shweta Desai, Adv. Ms. Ritumbhara Garg,Adv. Ms. Abhipriya,Adv.

Mr. Kanisk Maurya,Adv.

 Mr. Vivek Gaurav,Adv.

Mr. Arvind Kumar Sharma, AOR Mr. Narender Hooda,Sr.Adv. Ms. Pallavi Hooda,Adv. Mr. Yuvraj Nandal,Adv.

UPON hearing the counsel the Court made the following O R D E R The learned senior counsel representing the Punjab and Haryana High Court Bar Association seeks time to take instructions in terms of the order dated 14th August, 2024.

Leave granted.

The appeal is disposed of in terms of the signed order.

Pending application also stands disposed of. For considering the conduct of the Punjab and Haryana High Court Bar Association, the appeal shall be listed on 21st October, 2024.

 (ANITA MALHOTRA)                           (AVGV RAMU)
    AR-CUM-PS                              COURT MASTER

(Signed order is placed on the file.) 5