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Bose A.K vs P.Saravanan Md on 21 March, 2018

Author: Chief Justice

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

     ITEM NO.2                                COURT NO.1                  SECTION XII

                                  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).33587/2017
     (Arising out of impugned final judgment and order dated 24-11-2017 in
     EP No.2/2017 passed by the High Court Of Judicature At Madras)

     BOSE A.K                                                               Petitioner(s)

                                                      VERSUS

     P.SARAVANAN MD & ORS.                                                  Respondent(s)

     (IA No.7119/2018-VACATING STAY and FOR ADMISSION and I.R.)

     Date : 21-03-2018 This petition was called on for hearing today.

     CORAM :
                            HON'BLE THE CHIEF JUSTICE
                            HON'BLE MR. JUSTICE A.M. KHANWILKAR
                            HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
     For Petitioner(s)                  Mr.    V. Giri, Sr. Adv.
                                        Mr.    B. Ragunath, Adv.
                                        Mr.    Ashokan, Adv.
                                        Ms.    N.C. Kavita, Adv.
                                        Mr.    Aroci Kioraj, adv.
                                        Mr.    Sriram P., Adv. [AOR]

     For Respondent No.1 Mr.                   Sanjay R. Hegde, Sr. Adv.
                         Mr.                   S. Nithin, Adv.
                         Mr.                   J. Hariharan, Adv.
                         Ms.                   Arunima Singh, Adv.
                         Ms.                   Sonali K., Adv.
                         Mr.                   Rajat Sabu, Adv.
                         Mr.                   Karunakar Mahalik, Adv. [AOR]
                         Mr.                   Pranjal Kishore, Adv.

                                  No.14 Dr. Kailash Chand, Adv. [AOR]

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

Leave granted.

The appeal stands disposed of in terms of the signed order. Pending interlocutory applications, if any, stand disposed Signature Not Verified of. No order as to costs.

SUBHASH CHANDER Date: 2018.03.23 16:53:45 IST Reason: (Subhash Chander) (H.S. Parasher) AR-cum-PS Assistant Registrar [Signed Order is placed on the file]  IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3143 OF 2018 [Arising out of S.L.P.(C)No.33587 of 2017] Bose A.K. ... Appellant Versus P. Saravanan MD & Ors ... Respondents O R D E R Leave granted.

Heard Mr. Giri, learned senior counsel for the appellant and Mr. Hegde, learned senior counsel for respondent no.1.

After hearing arguments at some length, Mr. Hedge submitted that he has no objection if the impugned order is set aside. In view of the said submission the order impugned is set aside. The High Court is requested to proceed with Election Petition No.2 of 2017 in accordance with law and dispose it of as expeditiously as possible. The jail records, if called for by the High Court, shall be returned.

The appeal stands disposed of accordingly. Pending interlocutory applications, if any, stand disposed of. No order as to costs.

........................CJI. [DIPAK MISRA] ..........................J. [A.M. KHANWILKAR] ..........................J. [Dr. D.Y. CHANDRACHUD] New Delhi.

March 21, 2018.