Brigade Enterprises Limited vs. Anil Kumar Virmani

Court:Supreme Court of India
Judge:Hon'ble Ajay Rastogi
Case Status:Disposed
Order Date:10 Feb 2023
CNR:SCIN010022332023

AI Summary

In a procedural hearing before the Supreme Court, a Miscellaneous Application filed by Brigade Enterprises Limited, involving an appeal against a Registrar's order and a plea for condonation of delay, was listed for further hearing after six weeks by a Division Bench comprising Justices Ajay Rastogi and Bela M. Trivedi.

Case Identifiers

Primary Case No:2233/2023
Case Type:Miscellaneous Application
Case Sub-Type:Appeal Against Registrar's Order; Condonation of Delay
Secondary Case Numbers:D. No. 36339 of 2022
Order Date:2023-02-10
Filing Year:2023
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Ajay Rastogi, Hon'ble Bela M. Trivedi

Petitioner's Counsel

Nina R. Nariman
Advocate - Appeared
Piyush Singh
Advocate - Appeared
Aditya Parolia
Advocate - Appeared
Akshay Srivastava
Advocate - Appeared
Sumbul Ismail
Advocate - Appeared
Rajesh Kumar
Advocate - Appeared
Gaurav Goel
Advocate on Record - Appeared
Sarvesh Singh Baghel
Advocate on Record - Appeared
Ayshwarya Chandar
Advocate - Appeared

Respondent's Counsel

Govind Jee
Advocate - Appeared
Krishna Kumar Singh
Advocate on Record - Appeared
Omanakuttan K. K.
Advocate on Record - Appeared

Advocates on Record

Gaurav Goel
Sarvesh Singh Baghel
Krishna Kumar Singh
Omanakuttan K. K.

eCourtsIndia AITM

Brief Facts Summary

Brigade Enterprises Limited filed a Miscellaneous Application (Diary No. 2233/2023) in the Supreme Court, concerning an underlying matter (D. No. 36339 of 2022). This application includes an appeal against a Registrar's order under Order XV Rule 5 and a request for condonation of delay in filing this appeal. The Division Bench of Justices Ajay Rastogi and Bela M. Trivedi heard the matter on February 10, 2023, and directed it to be listed for further hearing after six weeks.

Timeline of Events

2022-12-16

Order/Judgment challenged in main case D. No. 36339 of 2022 (as per EarlierCourtDetails and implication of MA being 'in' it).

2023-01-14

Miscellaneous Application (Diary No. 2233/2023) filed by Petitioner, including IAs for appeal against Registrar's order and condonation of delay.

2023-02-10

Case heard by Supreme Court Division Bench. Directed to be listed after six weeks.

2023-03-27

Next hearing date specified by the court.

Key Factual Findings

The Miscellaneous Application along with Interlocutory Applications were on the board for hearing.

Source: Current Court Finding

The matter requires further listing and consideration.

Source: Current Court Finding

Primary Legal Issues

1.Appeal against Registrar's order under Supreme Court Rules
2.Condonation of delay in filing an appeal

Petitioner's Arguments

The petitioner, Brigade Enterprises Limited, filed a Miscellaneous Application, implicitly arguing for the condonation of delay in filing their appeal against a Registrar's order, and seeking for that appeal to be heard on its merits.

Respondent's Arguments

While not detailed in the order, the respondents would likely have either opposed the condonation of delay or the appeal itself, advocating for the Registrar's order to be upheld or for the petitioner's application to be dismissed on grounds of delay or lack of merit.

Court's Reasoning

The court's decision was purely procedural, directing the matter to be listed after six weeks without providing any detailed reasoning for this adjournment. This indicates that the substantive arguments regarding condonation of delay or the merits of the appeal against the Registrar's order were not addressed in this particular hearing.

Order Nature:Procedural
Disposition Status:Pending

Impugned Orders

Supreme Court
Case: D. No. 36339 of 2022 (Registrar's Order under Order XV Rule 5)
Date: 2022-12-16

Specific Directions

  1. 1.List after six weeks.

Precedential Assessment

Non-Binding (Procedural)

This is a brief procedural order for listing the matter and does not contain any substantive legal pronouncements or interpretations of law that would create binding precedent.

Tips for Legal Practice

1.Advocates should note the six-week adjournment and prepare for the next hearing, addressing the pending IAs.
2.This order underscores the importance of monitoring listing dates and being prepared for procedural directions in the Supreme Court.
3.The emphasis on condonation of delay highlights the critical nature of adhering to statutory and procedural timelines for appeals.

Legal Tags

Supreme Court Procedural Order for Miscellaneous ApplicationCondonation of Delay Application Listing Supreme CourtAppeal Against Registrar's Order Adjourned Supreme CourtSupreme Court Order XV Rule 5 Procedural MatterBrigade Enterprises Limited Supreme Court Case Status Update

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

First Hearing

Listed On:

10 Feb 2023

Original Order Copy

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Order Text

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

MISCELLANEOUS APPLICATION Diary No(s). 2233/2023 in D. No. 36339 of 2022

BRIGADE ENTERPRISES LIMITED Petitioner(s)

VERSUS

ANIL KUMAR VIRMANI & ORS. Respondent(s)

IA No. 10605/2023 - APPEAL AGAINST REGISTRARS ORDER XV RULE 5 IA No. 10610/2023 - CONDONATION OF DELAY IN FILING

Date : 10-02-2023 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE BELA M. TRIVEDI

For Petitioner(s) Ms. Nina R. Nariman, Adv. Mr. Piyush Singh, Adv. Mr. Aditya Parolia, Adv. Mr. Akshay Srivastava, Adv. Mr. Sumbul Ismail, Adv. Mr. Rajesh Kumar, Adv. Mr. Gaurav Goel, AOR Mr. Sarvesh Singh Baghel, AOR

Ms. Ayshwarya Chandar, Adv.

For Respondent(s) Mr. Govind Jee, Adv. Mr. Krishna Kumar Singh, AOR Mr. Omanakuttan K. K., AOR

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

List after six weeks.

(JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER

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Case History of Orders

Order(2) - 27 Mar 2023

ROP - of Main Case

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Order(1) - 10 Feb 2023

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