State Of Kerela vs. Mahe Liquor Merchants Assn.

,ITEM NO.16 REGISTRAR COURT.2 SECTION XIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMAS Petition(s) for Special Leave to Appeal (Civil) No(s).14026/2008 STATE OF KERALA & ANR. Petitioner(s) VERSUS M/S. QUALITY WINES Respondent(s) (With office report ) WITH SLP(C) NO. 14029 of 2008 (With office report) SLP(C) NO. 14032 of 2008 (With office report) SLP(C) NO. 18132 of 2008 (With prayer for interim relief and office report) Date: 07/09/2010 This Petition was called on for hearing today. For Petitioner(s) Mr. R. Sathish,Adv. Mrs.S.Geetha,Adv. For Respondent(s) Mr. A.Venayagam Balan UPON hearing counsel the Court made the following O R D E R In SLP(C) No.14026/08 service is complete. No vakalat is seen filed. No representation also. Hence place the matter before the Hon'ble Court as per rule. In SLP(C) No.14029/08 Respondent No.1 is granted three weeks time as last chance for curing the defects in the vakalatnama. Await return of Respondent Nos. 3 & 6. In SLP(C) No.14032/08 respondent No.2 has filed vakalatnama. No counter filed in spite of last opportunity granted. Hence place the matter before the Hon'ble Court as per rules. Contd...2 ITEM NO.16 -2- In SLP(C) No.18132/08 the petitioner did not take ste ps against the unserved respondents by remitting the process fee and this Court by order dated 9.12.09 granted a weeks time failing which the matter shall be placed before the Hon'ble Judge-in-Chamber for non-prosecution. However, it is seen that in spite of the above self working order, the matter was again placed before the Ld. Registrar with office report dated 19.01.2010 mentioning that the petitioner has not filed process fee. Thereafter the Ld.Registrar is seen to have passed an order dated 20.01.2010 granting the petitioner two weeks to take steps against the sole respondent failing which the matter shall be listed before the Hon'ble Judge-in-Chamber for non-prosecution, and in case of compliance to await return of notice. However, it is seen that the process were not remitted within the time stipulated. Steps were taken sometime in May,2010 as evident from the record.

However, it is seen that office not only by-passed the earlier

orders for placing before the Hon'ble Judge-in-Chamber b

ut accepted the belated process without insisting for even an application for condonation of delay. Thereafter the matter has been placed before me awaiting return of notice of the so le respondent. In the above circumstances, the Assistant Registrar of the concerned Branch shall submit his explanation on t he administrative side to the Registrar(Court-II) within three days, for not placing the matter before the Hon'ble Judge-in-Chamber and for accepting the belated process fee and also issuing notice. List the incomplete matters on 20.10.2010.

(Sunil Thomas) Registrar

SB