Union Of India Through The Secretary To The Government Of India vs. M. A. Naseer (Dead) Through Lrs

Court:Supreme Court of India
Judge:Hon'ble Abhay S. Oka
Case Status:Disposed
Order Date:28 Sept 2016
CNR:SCIN010213202012

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CHAMBER MATTER

Listed on 28.9.2016 Court No. Item No.

SECTION XII

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NOS. 2 AND 3

(Applications for restoration and condonation of delay in filing application for restoration)

IN

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 24267 OF 2012

Union of India ......Petitioner

-Versus-

M.A. Naseer .....Respondent

OFFICE REPORT

The matter above mentioned was listed before the Ld. Registrar's Court on 5th January, 2016, when the following order was passed:-

"Ld. Counsel for the petitioner has not taken fresh steps for effecting service on the sole respondent despite having been granted last opportunity. As such, registry to process the matter for being placed before the Hon'ble Judge in Chambers for further directions."

It is submitted that pursuant to above quoted order,

counsel for the petitioner has not taken fresh steps to effect service on sole respondent so far.

The Office report on default in the matter above mentioned was listed before the Hon'ble Judge-in-Chambers on 8 th April, 2016, when her Lordship was pleased to pass the following Order :-

"Two weeks' further time is granted to the learned counsel for the petitioner to take fresh steps to effect service on the sole respondent, failing which, the special leave petition shall stand dismissed without further reference to the Court.

Issue notice. Dasti, in addition, is permitted."

...2/-

It is further submitted that in view of the above order, Counsel for the petitioner has not taken appropriate step for effecting service on sole respondent. Hence Special Leave Petition stands dismissed.

It is further submitted that Mr. D. S. Mahra, Advocate, has on 29th June, 2016, filed application for restoration. The same is barred by time by 39 days and Counsel has also filed application for condonation of delay in filing application for restoration. The same are registered as Interlocutory Application Nos. 2 and 3 respectively. Copies of the same have been placed with Special Leave Petition paper books.

The applications in the matter above-mentioned are listed before the Hon'ble Judge-in-chamber for order.

Dated this the 9th day of September, 2016.

ASSISTANT REGISTRAR

Copy to : Mr. D. S. Mahra, Advocate

ASSISTANT REGISTRAR

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