Kashi Kapdi Co-Op Housing Society vs. Shashikant Vithal Kamble
AI Summary
The Supreme Court Registrar's Court, in a Civil Appeal involving a construction group and environmental/administrative authorities, has granted a final one-week extension for certain respondents to file their counter-affidavits. This procedural order aims to ensure all preliminary submissions are completed before the case moves to a full bench, highlighting the critical procedural steps in high-stakes litigation.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
During a hearing in Civil Appeal No. 4456/2021 before the Supreme Court Registrar's Court, it was noted that respondent nos. 1, 4, 5, 9, and 10 had not filed their counter-affidavits. Additionally, despite being served, other respondents did not appear. The court granted a final period of one week to the defaulting respondents to file their affidavits, after which the case will be prepared for a hearing before the main bench.
Timeline of Events
Civil Appeal No. 4456/2021 was filed in the Supreme Court of India.
Case called on for hearing before the Registrar Court.
Registrar noted failure of respondent nos. 1, 4, 5, 9 and 10 to file counter-affidavits.
Registrar granted one week time to aforementioned respondents to file counter-affidavits.
Matter to be processed for listing before the Hon'ble Court.
Key Factual Findings
Ld. Counsel for respondent nos. 1, 4, 5, 9 and 10 have failed to file counter affidavit.
Source: Current Court Finding
One week time, is granted to above said respondents to file the same.
Source: Current Court Finding
Despite due service, none appears on behalf of other respondent.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
Implicitly, the appellant seeks expeditious processing of the appeal, which requires all respondents to complete their filings.
Respondent's Arguments
Counsel for respondent nos. 1, 4, 5, 9, and 10 sought and were granted additional time to file their counter-affidavits, indicating a need for more time for preparation or coordination.
Court's Reasoning
The Registrar's Court granted a final opportunity to the defaulting respondents to file their counter-affidavits to ensure procedural fairness and to bring all necessary documents on record before the matter is presented to a regular bench of the Hon'ble Court for substantive hearing.
- Strict Adherence to Procedure
- Emphasis on Natural Justice (granting time for reply)
Impugned Orders
Specific Directions
- 1.One week time is granted to respondent nos. 1, 4, 5, 9 and 10 to file their counter affidavit.
- 2.After the expiry of said period, the matter shall be processed for listing before the Hon'ble Court as per rules.
Precedential Assessment
Non-Binding (Procedural)
This is a routine procedural order issued by a Registrar to manage the progress of the case, not a substantive judgment from a bench of judges. As such, it does not establish a legal principle or precedent.
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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
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Order Text
REGISTRAR COURT. 2 ITEM NO.22
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
VERSUS
SHASHIKANT VITHAL KAMBLE & ORS.
Date: 05-12-2022 This appeal was called on for hearing today.
For Appellant(s)
Ms. Anshula Vijav Kumar Grover, AOR Ms. Nitika Grover, Adv.
For Respondent(s)
Mr. Pai Amit, AOR
Mr. Gurmeet Singh Makker, AOR Ms. ANAMIKA AGGARWAL, Adv.
Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, AOR Miss. Shwetal Shepal, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bhagla, Adv.
Mr. Y. P. Dhingra, AOR Mr. Mukesh Verma, Adv.
UPON hearing the counsel through Video Conference, the Court made the following
ORDER
Ld. Counsel for respondent nos. 1, 4, 5, 9 and 10 have failed to file counter affidavit. However, as prayed, one week time, is granted to above said respondents to file the same.
Despite due service, none appears on behalf of other respondent.
ature Not Verified After the expiry of said period, matter shall be processed for String before the Hon'ble Court as per rules.
Appellant( $s$ )
Respondent $(s)$
SECTION XVII