Greaves Cotton Limited vs. State Rep. By The Inspector Of Police

Court:Supreme Court of India
Judge:Hon'ble Sanjay Kishan Kaul
Case Status:Disposed
Order Date:27 Sept 2022
CNR:SCIN010175982023

AI Summary

The Supreme Court Registrar has passed a procedural order condoning the delay in refiling for a Special Leave Petition (Criminal) filed by Vivekanandan & Ors. This decision allows the case to move forward, enabling the petitioners to pursue their appeal against the State.

Ratio Decidendi:
The Registrar of the Supreme Court has the authority to condone delay in refiling or curing defects in a Special Leave Petition (Criminal) if sufficient cause is shown by the parties, thereby allowing the case to be processed further.

Case Identifiers

Primary Case No:Diary No(s). 23055/2022
Case Type:Special Leave Petition (Criminal)
Case Sub-Type:SLP - Criminal Matter
Secondary Case Numbers:SLP(Crl) No. 009500/2022
Order Date:2022-09-27
Filing Year:2022
Court:Supreme Court Of India
Bench:Registrar
Judges:Hon'ble S.P.S. Laler

Petitioner's Counsel

M.P. Parthiban
Advocate On Record - Appeared
A.S. Vairawan
Advocate - Appeared
R. Sudhakaran
Advocate - Appeared
G.R. Vikash
Advocate - Appeared

Respondent's Counsel

S. Madhusudhan Babu
Advocate - Appeared
Archana Sahadeva
Advocate On Record - Appeared

Advocates on Record

M.P. Parthiban
Archana Sahadeva

eCourtsIndia AITM

Brief Facts Summary

The Special Leave Petition (Criminal) filed by Vivekanandan & Ors. against the State Rep. by the Inspector of Police & Ors. had encountered a delay in refiling or curing certain defects. An Interlocutory Application (IA No.131610/2022) was filed specifically to seek condonation for this delay.

Timeline of Events

2022-09-27

The Special Leave Petition (Criminal) Diary No(s). 23055/2022 was called for hearing before the Registrar Sh. S.P.S. Laler.

2022-09-27

The Registrar passed an order condoning the delay in refiling the petition and directed the Registry to proceed further.

Key Factual Findings

There was a delay in refiling/curing defects for the Special Leave Petition (Criminal).

Source: Current Court Finding

The application for condonation of delay in refiling (IA No.131610/2022) was granted.

Source: Current Court Finding

Primary Legal Issues

1.Condonation of delay in refiling of a Special Leave Petition (Criminal)

Secondary Legal Issues

1.Procedural compliance in Supreme Court filings

Petitioner's Arguments

The petitioner likely presented reasons and justifications for the delay in refiling their Special Leave Petition (Criminal) and sought condonation from the Registrar.

Respondent's Arguments

The respondent side was present but the order does not detail if they opposed the condonation application, or if their arguments were considered.

Court's Reasoning

The Registrar, upon hearing counsel, found sufficient grounds or reasons to condone the delay in refiling the petition, allowing the procedural hurdle to be overcome and the case to proceed further.

Judicial Philosophy Indicators:
  • Emphasis on Procedural Fairness
Order Nature:Procedural
Disposition Status:Pending

Impugned Orders

High Court, Tamil Nadu
Case: CRLOP-27139-2016
Date: 2022-04-13

Specific Directions

  1. 1.Delay in refiling is condoned.
  2. 2.Registry to proceed further.

Precedential Assessment

Non-Binding (Procedural)

This is a routine procedural order by a Registrar dealing with an administrative issue (delay condonation) and does not involve any substantive legal pronouncement on the merits of the case, nor does it establish new legal principles.

Tips for Legal Practice

1.It is crucial for advocates to ensure strict adherence to refiling timelines in the Supreme Court, and to file a well-reasoned application for condonation if a delay occurs.
2.Registrar courts play a vital role in managing the initial procedural aspects of cases, including the resolution of refiling delays.

Legal Tags

Supreme Court procedural order condonation of refiling delaySpecial Leave Petition Criminal defects curing Supreme CourtRegistrar Court orders on procedural compliance IndiaLegal procedure for condoning delay in Supreme CourtImpact of procedural orders on criminal appeals 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.

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Order Text

ITEM NO.17 REGISTRAR COURT. 2 SECTION II-C

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 SH. S.P.S. LALER

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 23055/2022

VIVEKANANDAN & ORS. Petitioner(s)

VERSUS

STATE REP. BY THE INSPECTOR OF POLICE & ORS. Respondent(s)

(FOR ADMISSION and IA No.131610/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS )

Date : 27-09-2022 This petition was called on for hearing today.

For Petitioner(s)Mr. M.P. Parthiban, AOR
Mr. A.S. Vairawan,Adv.
Mr. R. Sudhakaran,Adv.
Mr. G.R. Vikash,Adv.

For Respondent(s) Mr. S. Madhusudhan Babu,Adv. Ms. Archana Sahadeva, AOR

UPON hearing the counsel through Video Conference, the Court made the following

O R D E R

Delay in refiling is condoned. Registry to proceed further.

S.P.S. LALER Registrar

MG