Kashi Kapdi Co-Op Housing Society vs. Shashikant Vithal Kamble
AI Summary
In two significant Civil Appeals concerning a construction and environmental dispute, the Supreme Court Registrar has issued a crucial procedural order. This order grants a final opportunity for several respondents to file their counter affidavits and directs the petitioner to take fresh steps for serving a non-appearing respondent, setting the stage for future substantive hearings.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The Supreme Court Registrar heard two Civil Appeals (4456/2021 and 4625/2021) on April 8, 2022. It was noted that multiple respondents in both appeals had failed to file counter-affidavits despite being served, with some granted a 'last chance'. Additionally, service on one respondent in CA 4456/2021 was unsuccessful due to an 'insufficient address,' necessitating fresh steps by the petitioner. Advocates for other respondents sought and were granted time to file vakalatnama and counter-affidavits. Both matters are listed for further hearing on July 12, 2022.
Timeline of Events
Civil Appeal No. 4456/2021 filed (inferred from case details).
Civil Appeal No. 4625/2021 registered (from case details).
Both Civil Appeals heard before the Registrar, S.P.S. Laler.
Several respondents failed to file counter affidavits despite due service, and process for Respondent No. 2 in CA 4456/2021 failed due to insufficient address.
Next hearing date scheduled for both Civil Appeals.
Key Factual Findings
Respondent nos. 1, 4, 5, 9 and 10 in Civil Appeal No(s). 4456/2021 have not filed their counter affidavits.
Source: Current Court Finding
Respondent nos. 2 to 8 in Civil Appeal No(s). 4456/2021 were duly served but did not appear.
Source: Current Court Finding
Mr. Mukesh Verma, Ld. Advocate, appeared for Respondent no. 3 in Civil Appeal No(s). 4456/2021.
Source: Current Court Finding
Service could not be effected on respondent no. 2 in Civil Appeal No(s). 4456/2021 due to an insufficient address.
Source: Current Court Finding
Respondent nos. 1, 3, 4, 8 and 9 in Civil Appeal No(s). 4625/2021 have not filed their counter affidavits.
Source: Current Court Finding
Respondent nos. 2, 5 to 7 in Civil Appeal No(s). 4625/2021 were duly served but did not appear.
Source: Current Court Finding
Mr. Mukesh Verma, Ld. Advocate, appeared for Respondent no. 6 in Civil Appeal No(s). 4625/2021.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Court's Reasoning
The Registrar's decision is based on the necessity to ensure procedural regularity and allow all parties an adequate opportunity to present their case. Granting 'last chance' for affidavits and directing fresh steps for service aims to prevent further delays and facilitate the progression of the appeals to a substantive hearing stage, upholding principles of natural justice and due process.
- Strict Adherence To Procedure
- Ensuring Natural Justice
Impugned Orders
Specific Directions
- 1.Four weeks time, as a last chance, is granted to respondent nos. 1, 4, 5, 9 and 10 to file counter affidavit in Civil Appeal No(s). 4456/2021.
- 2.Mr. Mukesh Verma, Ld. Advocate for Mr. Shashank Singh, AOR appeared on behalf of respondent no. 3 in Civil Appeal No(s). 4456/2021 and is given two weeks time to file vakalatnama and four weeks time, to file counter affidavit.
- 3.Two weeks time, is granted to learned counsel for the petitioner, to take fresh steps and file fresh particulars, to serve respondent no. 2 in Civil Appeal No(s). 4456/2021, as process could not be served with remarks "insufficient address".
- 4.Civil Appeal No(s). 4456/2021 to be listed again on 12.07.2022.
- 5.Four weeks time, as a last chance, is granted to respondent nos. 1, 3, 4, 8 and 9 to file counter affidavit in Civil Appeal No(s). 4625/2021.
- 6.Mr. Mukesh Verma, Ld. Advocate for Mr. Shashank Singh, AOR appeared on behalf of respondent no. 6 in Civil Appeal No(s). 4625/2021 and is given two weeks time to file vakalatnama and four weeks time, to file counter affidavit.
- 7.Civil Appeal No(s). 4625/2021 to be listed again on 12.07.2022.
Precedential Assessment
Non-Binding (Procedural)
This is an administrative/procedural order by the Registrar, dealing with timelines for filing documents and ensuring proper service. It does not establish any substantive legal principles or interpretations.
Tips for Legal Practice
Legal Tags
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.
Original Order Copy
Get a certified copy of this order
Order Text
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. S.P.S. LALER Civil Appeal No(s). 4456/2021 ROHAN PATE GROUP OF CONSTRUCTION LLP Appellant(s) VERSUS SHASHIKANT VITHAL KAMBLE & ORS. Respondent(s) WITH C.A. No. 4625/2021 (XVII) Date: 08-04-2022 This appeal was called on for hearing today. For Appellant(s) Ms. Anshula Vijav Kumar Grover, AOR For Respondent(s) Mr. Pai Amit, AOR Ms. Aditi Dani, Adv. Ms. Ranu Purohit, Adv. Mr. Gurmeet Singh Makker, AOR Ms. LAKSHMI SHASTRI, Adv. Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Ms. Shwetal Shepal, Adv Mr. Shashank Singh, AOR Mr. Mukesh Verma, Adv. UPON hearing the counsel, the Court made the following O R D E R
REGISTRAR COURT. 2
SECTION XVII
ITEM NO.29
Civil Appeal No(s). 4456/2021
Four weeks time, as a last chance, is granted to respondent nos. 1, 4, 5, 9 and 10 to file counter affidavit.
Despite due service, none appears on behalf of respondent nos. 🐝 to 8. However, Mr. Mukesh Verma, Ld. Advocate for Mr. Shashank Singh, AOR has appeared on behalf of respondent no. 3. He seeks and is given two weeks time to file vakalatnama and four weeks time, to
file counter affidavit.
Two weeks time, is granted to learned counsel for the petitioner, to take fresh steps and file fresh particulars, to serve respondent no. 2, as process could not be served with remarks "insufficient address".
List again on 12.07.2022.
Civil Appeal No(s). 4625/2021
Four weeks time, as a last chance, is granted to respondent nos. 1, 3, 4, 8 and 9 to file counter affidavit.
Despite due service, none appears on behalf of respondent nos. 2, 5 to 7. However, Mr. Mukesh Verma, Ld. Advocate for Mr. Shashank Singh, AOR has appeared on behalf of respondent no. 6. He seeks and is given two weeks time to file vakalatnama and four weeks time, to file counter affidavit.
List again on 12.07.2022.
S.P.S. LALER Registrar