Shyam Kumar Bhardwaj Oths vs. Saumitra Ray

Court:Supreme Court of India
Judge:Hon'ble Madan B. Lokur
Case Status:Disposed
Order Date:15 Feb 2017
CNR:SCIN010331352015

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Order Issued After Hearing

Purpose:

Case Registered

Listed On:

17 Oct 2015

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Order Text

LISTED ON 15.02.2017 COURT NO. 5 ITEM NO. 5

SEC.IVA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. 719 OF 2015 WITH

INTERLOCURTORY APPLICATION NO. 2

(Application for exemption from filing official translation in

counter affidavit) AND

INTERLOCURTORY APPLICATION NO. 3

(Application for seeking permission to file rejoinder affidavit) AND

INTERLOCURTORY APPLICATION NO. 4

(Application for exemption from filing official translation in rejoinder affidavit)

IN

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 1303 OF 2007

SHYAM KUMAR BHARDWAJ AND ORS. ...APPLICANTS/RESPONDENTS

VERSUS

SAUMITRA RAY ...ALLEGED CONTEMNOR

OFFICE REPORT

The contempt petition above mentioned was listed before the

Hon'ble Court on 27.11.2015 when the Court was pleased to pass the

following order:

"Delay condoned. Issue notice. Mr. Sanjay Kapur, learned counsel accepts notice on behalf of the alleged contemnor and seeks some time to file counter affidavit. Four weeks' time is granted to file counter affidavit. Rejoinder, if any, be filed within two weeks

thereafter. List the matter after pleadings are complete. The alleged contemnor need not be present in Court.

It is submitted that since the counter affidavit and rejoinder affidavit being not filed, the contempt petition above mentioned was listed before the Registrar Court on 3.02.2016, when the following order was passed:

"Counter affidavit has not been filed by the sole respondent in terms of Hon'ble Court's order dated 27.11.2015. Registry to process the matter for being listed before the Hon'ble Court as per rules. It is submitted that there is sole alleged contemnor in the

aforesaid contempt petition and is represented through Mr. Sanjay Kapur, Advocate and has on 08.02.2016 filed counter affidavit beyond the time granted by the Hon'ble Court alongwith application exemption from filing official translation, which is registered as I.A.Nos. 2 . Copy of the same has been included in the paper books.

It is lastly submitted that Mr. Ashwani Bhardawaj, Advocate for the applicants/respondents has on 12.04.2016 filed rejoinder affidavit along with Annexure P.1 to P.6 also beyond the time granted by the Hon'ble Court alongwith applications for seeking permission to file rejoinder affidavit and exemption from filing official translation, which are registered as I.A.Nos. 3 and 4. Copy of the rejoinder affidavit and applications have been included in the paper books. Therefore, pleadings are complete as counter affidavit and rejoinder affidavit are filed.

The contempt petition alongwith applications above mentioned is listed before the Hon'ble Court with this office report.

Dated this the 14th day of February, 2017

ASSISTANT REGISTRAR

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

ASSISTANT REGISTRAR

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Case History of Orders

Order(5) - 15 Feb 2017

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Order(4) - 3 Feb 2016

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Order(1) - 27 Nov 2015

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Order(2) - 27 Nov 2015

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Order(3) - 27 Nov 2015

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