SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 27985 OF 2019

Process Id: 25/2020

OFFICE REPORT

This Hon'ble Court, on 06th December, 2019, was pleased to pass the following order:

" Issue notice, returnable within six weeks."

It is submitted that as directed above show cause notice to both the respondents was issued on 16.12.2019 by registered AD. Unserved cover containing notice in respect of Respondent No. 1 has been received with postal remarks "Premises Locked from very long time". As per India Post tracking report notice has been delivered to Respondent No. 2 on 30.12.2019. Ms. Sonal Jain, Advocate has on 11.01.2020 filed Vakalatnama/Appearance on behalf of Respondent No. 2 but the same is defective as Original Power of Attorney in Support of Vakalatnama/Appearance not filed in terms of Chapter VIII, Rule III within Vakalatnama/Appearance Proviso(a). Counsel appearing for Respondent No. 2 has neither  filed counter affidavit in terms of Order XXI, Rule 14(1) of the Supreme Court Rules, 2013 nor filed an application for extension of time to file the same under order V Rule 1(22) of Supreme Court Rules, 2013. 

Service is not complete on Respondent No. 1.

Chapter VIII Rules III within Vaklatanama/Appearance Proviso (a)  of Practice and Procedure and Office Procedure, 2017 is read as under:-

"Every vakalatnama in any cause, appeal or matter shall be executed by the party:

Provided that a person, other than a party to the cause, appeal or matter, may file vakalatnama on the basis of Power of Attorney but shall annex original Power of Attorney with the vakalatnama."

Order XXI Rule 14(1) of the SCR, 2013 is read as under:-

"Respondent to whom a notice in a Special Leave Petition is issued or who had filed a caveat shall be entitled to oppose the grant of leave or interim order, without filing any written objections. He shall also be at liberty to file his objections within 30 days from the date of receipt of notice or not later than 2 weeks before the date appointed for hearing, whichever be earlier, but shall do so only by setting out the grounds in oppositition to the questions of law or grounds set out in the SLP and may produce such such pleadings and documents filed before the Court/Tribunal against whose order the SLP is filed and shall also set out the grounds for not granting interim order or for vacating interim order if already granted."

Order V Rule 1(22) of the SCR, 2013 is read as under:-

"Application for extension of time for filing pleadins, provided that the Registrar shall not grant more than one extension for the purpose exceeding four weeks."

The Petition above-mentioned is listed before the Court of Ld. Registrar with this Office Report.

Dated : January 14, 2020

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