Shyam Kumar Bhardwaj Oths vs. Saumitra Ray

LISTED ON 27.11.2015 COURT NO. ITEM NO.

SEC.IVA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. 719 OF 2015 WITH INTERLOCUTORY APPLICATION NO. 1 (Application for condonation of delay in filing contempt petition) IN PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 1303 OF 2007 WITH PRAYER FOR INTERIM RELIEF

SHYAM KUMAR BHARDWAJ OTHS. ...PETITIONERS

VERSUS

SAUMITRA RAY ...RESPONDENTS

OFFICE REPORT

The special leave petition above mentioned was listed before the Hon'ble Court on 31.01.2014 when the Court was pleased to pass the following order:

"Learned counsel for the petitioner states that the petitioner wants to withdraw the petition for special leave to appeal. Petition is allowed to be withdrawn and disposed of as such. Six months' time is granted to the petitioners to vacate the premises subject to the usual undertaking be filed in this Court. The undertaking be filed within a period of three weeks. Needless to say that the arrears of rent be paid within a period of three weeks."

It is further submitted that Mr. Ashwani Bhardwaj, Advocate has on 02.05.2015 filed application for Direction along with affidavit and annexure, however the said application was refused to be received under Order XV Rule 5 of SCR 2013 vide Ld. Registrar's order dated 26.05.2015.

Thereafter, the counsel has on 15.07.2015 filed appeal against Ld. Registrar's order dated 26.05.2015 which is registered as I.A. No. 4 and listed before the Hon'ble Court on 24.09.2015, when the Court was pleased to pass the following order:

"Delay condoned. We are not inclined to interfere with the order dated 26.05.2015 passed by the Registrar. I.A. No.4/2015 is accordingly dismissed."

It is lastly submitted that Mr. Ashwani Bhardwaj, Advocate has on 30.09.2015 filed contempt petition on willful disobedience of the order dated 31.01.2014 which is barred by time by 61 days, in this regard counsel has also filed an application for condonation of delay in filing contempt petition. The said contempt petition and application for delay in filing contempt petition are registered as C.P.(C) no. 719 of 2015 and I.A. No. 1 of 2015 respectively.

Hence the contempt petition alongwith application for condonation of delay in filing contempt petition is listed before the Hon'ble Court with this office report.

Dated this the 26th day of October, 2015

ASSISTANT REGISTRAR Copy to: Mr. Sanjay Kapur, Advocate. Mr.Ashwani Bhardwaj, Advocate. Mr. B. K. Prasad, Advocate.

ASSISTANT REGISTRAR