SECTION XVI-A

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) No. 3030 OF 2019

Process Id: 33/2021

OFFICE REPORT ON DEFAULT

The Transfer Petition above-mentioned was listed before the Hon'ble Court Judge in Chamber on 31.08.2020 when the Court was pleased to pass the following Order:-

" The Office Report dated 26.8.2020 reflects that after obtaining the "No Objection Certificate" from the erstwhile advocate-on-record Mr. Vishnu Sharma, the new counsel Mr. Shashibhushan P. Adgaonkar has filed Vakalatnama on 28.08.2020 on behalf of the Petitioner, in Transfer Petition.

Accordingly, the petitioner is permitted to be represented by the newly engaged lawyer." The Registry to proceed accordingly.

Necessary steps are allowed to be taken within seven days."

It is submitted that Mr. Shashibhushan P. Adgaonkar, Advocate for the petitioner has on 08.09.2019 filed spare copy and there is delay of 1 day in filing spare copy but he has not filed  an application for condonation of delay in filing spare copy, hence notice could not be issued.

It is further submitted that defects has been communicted to the counsel for the peitioner through e-mail on 09.09.2020 but he has not filed application for condonation of delay in filing the spare copy so far.

Thereafter, the Transfer Petition above-mentioned was listed before the Ld. Registrar Court on 31.08.2020, when the following Order was passed:-

" Spare copy has been filed alongwith application for delay in refiling instead of application for condonation of delay in filing spare copy. It is found to be defective. Defects be cured within four weeks. If defects are not cured within four weeks, Registry to process the matter for listing before the Hon'ble Judge in Chamber for orders. If defects are cured within four weeks, be processed as per rules and the matter be listed before this Court again on 11.1.2021. "

It is submitted that counsel for the petitioner has not filed application for condonation of delay in filing spare copy till date hence notice could not be issued.

Service of show cause notice is not complete.

The default on the part of counsel is reported to the Hon'ble Judge-in-chamber with this office report.

Dated : January 21, 2021

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