SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 27985 OF 2019

Process Id: 246/2020

REVISED OFFICE REPORT

This Ld. Registrar Court, on 17th January, 2020, was pleased to pass the following order:

" Respondent No.1 is yet not served. However, Ld. Advocate, Mr.Piyush Sharma, appearing on behalf of Mr.Aayush Shukla, Advocate-on-record appears for respondent No.1. He seeks time to file vakalatnama and counter affidavit. Vakalatnama be filed within one week. Since respondent No.1 is yet not served, Ld. Counsel for the petitioner is directed to serve copy of pleadings upon Ld. Counsel for respondent No.1 within one week after filing vakalatnama. Counter affidavit be filed within four weeks thereafter. 

Vakalatnama filed on behalf of respondent No.2 is defective. Ld. counsel for respondent No.2 seeks time to cure  the defects in the vakalatnama and for filing counter affidavit. Defects be cured within two weeks. Respondent No.2 was served on 30.12.2019 but counter affidavit has not been filed. Ld. counsel for the said respondent seeks four weeks' time for filing counter affidavit. Granted. 

 List again on 20.3.2020.

 Later on Ld. Counsel for the petitioner appeared and requested to prepone the date on the ground of some urgency. He further submits that he will inform the preponed date to Ld. counsel for respondent No.1. 

 At the request of the Ld. Counsel for the petitioner, the matter be listed before this Court again on 17.2.2020. "

It is submitted that Mr. Piyush Sharma, Advocate has on 01.02.2020 filed Vakalatnama/Appearance on behalf of Respondent No. 1. Counsel for the petitioner has not filed proof of service of copy of pleadings upon counsel appearing for Respondent No.1 so far. Counsel appearing for Respondent No. 2 was required to file original power of Attorney in support of Vakalatnama/Appearance. In spite of curing the defects she has on 11.02.2020 filed an application for exemption from filing Original Power of Attorney(Regd as I.A No. 26165/2020). Counsel appearing for Respondent Nos. 1 and 2 have 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 complete.

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 pleadings, 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 : February 13, 2020

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