Kashi Kapdi Co-Op Housing Society vs. Shashikant Vithal Kamble

Court:Supreme Court of India
Judge:Registrar (J-Iv)
Case Status:Pending
Order Date:22 Sept 2023
CNR:SCIN010172982021

AI Summary

The Supreme Court of India has adjourned a significant Civil Appeal concerning a construction project and environmental compliance. This procedural order, issued by a Division Bench, postpones the hearing by two weeks, allowing counsel for Respondent No. 1 more time in a case involving a construction group, an individual, and various government and environmental authorities.

Ratio Decidendi:
An adjournment may be granted by the Supreme Court where a formal request is made by counsel for a party, provided there are no immediate compelling reasons to proceed with the hearing, thereby prioritizing case management and party convenience.

Case Identifiers

Primary Case No:Civil Appeal No. 4456/2021
Case Type:Civil Appeal
Case Sub-Type:Civil Appeal - Environmental/Construction Dispute
Secondary Case Numbers:C.A. No. 4625/2021
Order Date:2023-09-22
Filing Year:2021
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Sanjiv Khanna, Hon'ble S.V.N. Bhatti

Petitioner's Counsel

Ms. Anshula Vijay Kumar Grover
Advocate on Record - Appeared
Mr. Saket Mone
Advocate - Appeared

Respondent's Counsel

Mr. Anand Dilip Landge
Advocate on Record - Appeared
Mr. Mukesh Verma
Advocate - Appeared
Mr. Pankaj Kumar Singh
Advocate - Appeared
Mr. Shashank Singh
Advocate on Record - Appeared
Ms. Shwetal Shepal
Advocate - Appeared
Mr. Siddharth Dharmadhikari
Advocate - Appeared
Mr. Aaditya Aniruddha Pande
Advocate on Record - Appeared
Mr. Bharat Bagla
Advocate - Appeared
Mr. Sourav Singh
Advocate - Appeared
Mr. Aditya Krishna
Advocate - Appeared
Mr. Vikramjit Banerjee
Additional Solicitor General - Appeared
Mr. Gurmeet Singh Makker
Advocate on Record - Appeared
Mr. Bharat Singh
Advocate - Appeared
Ms. Ruchi Kohli
Advocate - Appeared
Ms. Swarupama Chaturvedi
Advocate - Appeared

Advocates on Record

Ms. Anshula Vijay Kumar Grover
Mr. Anand Dilip Landge
Mr. Shashank Singh
Mr. Aaditya Aniruddha Pande
Mr. Gurmeet Singh Makker

eCourtsIndia AITM

Brief Facts Summary

A Civil Appeal, along with a connected Civil Appeal, involving Rohan Pate Group of Construction LLP as the appellant and Shashikant Vithal Kamble & Ors. as respondents, was listed for hearing before the Supreme Court. On the hearing date, a letter was circulated by the learned counsel for Respondent No. 1 seeking an adjournment. The Court considered this request and accordingly adjourned the matter for two weeks.

Timeline of Events

2020-05

Initial proceedings for a related case (AN-34-2020) began before a State Agency.

2021-07-07

A State Agency issued an order in OA-03-2021, likely the impugned order in the current appeal.

2021-07-29

Civil Appeal No. 4625/2021 was filed in the Supreme Court.

2021-08-05

Civil Appeal No. 4625/2021 was registered.

2021-08-16

First hearing for Civil Appeal No. 4625/2021.

2023-09-22

The Civil Appeals were listed for hearing before the Supreme Court.

2023-09-22

Counsel for Respondent No. 1 circulated a letter requesting an adjournment.

2023-09-22

The Supreme Court ordered the matter to be adjourned by two weeks.

Key Factual Findings

A letter was circulated by the learned counsel for Respondent No. 1 seeking an adjournment.

Source: Current Court Finding

Primary Legal Issues

1.Adjournment of Civil Appeal in Supreme Court

Secondary Legal Issues

1.Procedural aspects of appeals and interlocutory applications
2.Judicial review of environmental clearances or regulatory decisions (inferred underlying issue)

Respondent's Arguments

Counsel for Respondent No. 1 circulated a letter requesting an adjournment of the matter.

Court's Reasoning

The Court granted the adjournment in view of the request made by the learned counsel appearing for Respondent No. 1, postponing the matter by two weeks.

Judicial Philosophy Indicators:
  • Emphasis on Judicial Discretion in Procedural Matters
Order Nature:Procedural
Disposition Status:Pending

Impugned Orders

State Agency
Case: OA-03-2021
Date: 2021-07-07

Specific Directions

  1. 1.The matter is adjourned by two weeks.

Precedential Assessment

Non-Binding (Procedural)

This is a routine procedural order granting an adjournment, and it does not contain any substantive legal pronouncements or interpretations that would set a precedent.

Tips for Legal Practice

1.Legal professionals should adhere to proper court procedures, such as circulating letters for adjournments, to ensure smooth case management.
2.Anticipate and communicate potential delays or requests for adjournments proactively, especially in complex multi-party litigation before the Apex Court.

Legal Tags

Supreme Court Procedural Order Civil AppealAdjournment Granted On Counsel RequestEnvironmental Impact Assessment Authority CaseConstruction Development Litigation Supreme CourtCase Management Practices Supreme Court Of India

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:

Not Reached / Adjourned

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble S.V.N. Bhatti

Stage:

AFTER NOTICE (FOR ADMISSION) - CIVIL CASES

Remarks:

List After (Weeks) [2]

Listed On:

22 Sept 2023

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

93654/2021, 93657/2021, 93661/2021, 94309/2021, 94309/2021,

Original Order Copy

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Order Text

ITEM NO.64 COURT NO.3 SECTION XVII

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

Civil Appeal No. 4456/2021

ROHAN PATE GROUP OF CONSTRUCTION LLP Appellant(s)

VERSUS SHASHIKANT VITHAL KAMBLE & ORS. Respondent(s) (IA No. 88484/2021 - EX-PARTE STAY IA No. 88480/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 88483/2021 - EXEMPTION FROM FILING O.T. IA No. 90745/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 90713/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH C.A. No. 4625/2021 (XVII) (IA No. 93657/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 93661/2021 - EXEMPTION FROM FILING O.T. IA No. 94309/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 93654/2021 - STAY APPLICATION) Date : 22-09-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI For Appellant(s) Ms. Anshula Vijay Kumar Grover, AOR Mr. Saket Mone, Adv. For Respondent(s) Mr. Anand Dilip Landge, AOR Mr. Mukesh Verma, Adv. Mr. Pankaj Kumar Singh, Adv. Mr. Shashank Singh, AOR Ms. Shwetal Shepal, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Digitally signed by SWETA BALODI Date: 2023.09.23 12:39:07 IST Reason: Signature Not Verified

Mr. Vikramjit Banerjee, A.S.G. Mr. Gurmeet Singh Makker, AOR Mr. Bharat Singh, Adv. Ms. Ruchi Kohli, Adv. Ms. Swarupama Chaturvedi, Adv.

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

In view of the letter circulated by the learned counsel appearing on behalf of respondent no.1 seeking adjournment, the matter is adjourned by two weeks.

(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR

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Order(7) - 21 Apr 2023

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Order(6) - 5 Dec 2022

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Order(5) - 18 Nov 2022

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Order(4) - 12 Jul 2022

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Order(3) - 8 Apr 2022

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Order(2) - 16 Aug 2021

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Order(1) - 2 Aug 2021

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