Item No. 104 1

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 M K HANJURA

Civil Appeal No(s). 1443-1444/2011

M/S JAMMU METCHEM P.LTD. Appellant(s)

VERSUS

COMMR.OF CEN.EXC.JAMMU Respondent(s) (with office report)

WITH

		C.A. No. 1445-1446/2011
(With Office Report)
		C.A. No. 2651-2660/2011
(With Office Report)
		C.A. No. 5300-5303/2011
(With Office Report)
C.A. No. 720/2012
(With Office Report)
		C.A. No. 4292-4319/2013
(With Office Report)
		C.A. No. 4321-4322/2013
(With Office Report)
		C.A. No. 4323-4325/2013
(With Office Report)

Date : 26/11/2014 These appeals were called on for hearing today.

For Appellant(s)	Mr. M. P. Devanath,Adv.
	Ms. Renuka Sahu,Adv.
	Mr. Jay Savla,Adv.
	Ms. Kartika Sharma,Adv.
	Mr. Naveen Kumar,Adv.
For Respondent(s)
	Mr. Arvind Kumar Sharma,Adv.
	Ms. Shubhra Rai,Adv.
	Mr. B. Krishna Prasad,Adv.

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

C.A. Nos. 1443-1444,1445-1446 and 2651-2660/2011

The office report is that the appellant and the respondent have failed to file the statement of case, although they were notified to do so by notice dated 6.5.2010 of the Registry. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the appellant does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsis containing chronology of events as filed at the time of presentation of petition for seeking special leave to appeal (SLP)/Appeal, as statement of case,and does not desire to file any further statement of case. The order further provides that if the respondent who has entered appearance does not file a statement of case within the time, as provided in Sub Rule(1) (i.e. 35 days) it shall be presumed that he does not desire to lodge the same. Therefore, in view of the rule position cited above no further opportunity for filing the statement of case is warranted to be given to the parties. Viewed thus, the matters shall be processed for listing before the Hon'ble Court under the rules.

C.A. No. 720/2012

The office report is that the appearing respondent Nos. 2 and 3 have filed the statement of case and the appellants have failed to file the same although they were notified to do so by notice dated 6.5.2010 of the Registry. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the appellant does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsis containing chronology of events as filed at the time of presentation of petition for seeking special leave to appeal (SLP)/Appeal, as statement of case,and does not desire to file any further statement of case. Therefore, in view of the rule position cited above no further opportunity for filing the statement of case is warranted to be given to the appellants.

Viewed thus, the matters shall be processed for listing before the Hon'ble Court under the rules.

C.A. Nos. 4323-4325/2013

The office report is that the appellants and the respondent have failed to file the statement of case, although they were notified to do so by notice dated 19.12.2013 of the Registry. Order XIX Rule 32 of the Supreme Court Rules,2013 provides that if the appellant does not file a statement of case within the time, as provided for in sub rule (1), it shall be presumed that the appellant has adopted the list of dates/synopsis containing chronology of events as filed at the time of presentation of petition for seeking special leave to appeal (SLP)/Appeal, as statement of case,and does not desire to file any further statement of case. The order further provides that if the respondent who has entered appearance does not file a statement of case within the time, as provided in Sub Rule(1) (i.e. 35 days) it shall be presumed that he does not desire to lodge the same. Therefore, in view of the rule position cited above no further opportunity for filing the statement of case is warranted to be given to the parties. Viewed thus, the matters shall be processed for listing before the Hon'ble Court under the rules.

C.A. Nos. 4292-4319 and 4321-4322/2013

The learned counsel for the appellants shall file the statement of case within a period of 45 days. The learned counsel shall provide a copy thereof to the learned counsel for the respondent and the learned counsel for the respondent shall file the statement of case within a period of 35 days thereafter. The learned counsel for the respondent shall also file the vakalatnama within a period of three weeks.

List again on 10.2.2015.

MG