eCourtsIndia

Dileep Kumar Pandey vs. Union Of India

Court:Supreme Court of India
Judge:Hon'ble Abhay S. Oka
Case Status:Dismissed
Order Date:16 Dec 2011
CNR:SCIN010332012010

AI Summary

This procedural order from the Supreme Court grants a final opportunity for the respondents to file their counter affidavit in a Special Leave Petition concerning service matters. The case involves Dileep Kumar Pandey against the Union of India and others, with the next listing scheduled before the Hon'ble Court regardless of the affidavit's submission. This highlights the court's emphasis on timely compliance and progression of cases.

Ratio Decidendi:
When a respondent has not filed a counter affidavit despite previous opportunities, a final chance may be granted, with a clear directive that the matter will proceed to the Hon'ble Court for further listing regardless of the affidavit's subsequent submission, to ensure timely disposal of the case.
Obiter Dicta:
The Registrar's instruction to list the matter before the Hon'ble Court 'as per rules, without waiting for counter affidavit and any formal order to that effect from this court' signifies the default procedural flow when parties fail to comply with Registrar's directions.

Case Identifiers

Primary Case No:SLP(C) No.7641/2011
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Service Matters
Secondary Case Numbers:CA No. 010899 / 2013, 33201/2010
Order Date:2011-11-03
Filing Year:2011
Court:Supreme Court of India
Bench:Registrar Court
Judges:Hon'ble S. G. Shah

Petitioner's Counsel

Anil Kumar Tandale
Advocate - Appeared

Respondent's Counsel

Anupam Raina
Advocate - Appeared
Rekha Palli
Advocate - Appeared

eCourtsIndia AITM

Brief Facts Summary

The case is a Special Leave Petition (Civil) filed by Dileep Kumar Pandey against the Union of India and others. On the hearing date of November 3, 2011, before the Registrar, it was noted that the respondents had not yet filed their counter affidavit. Counsel for both sides were present.

Timeline of Events

2010-07-12

Impugned order passed by High Court, Uttar Pradesh.

2011-03-07

SLP(C) No. 007641 / 2011 registered in Supreme Court.

2011-11-03

Hearing before Registrar S.G. Shah; respondents yet to file counter affidavit.

2011-12-09

Deadline given for filing counter affidavit.

Key Factual Findings

The respondents have not yet filed their counter affidavit.

Source: Current Court Finding

Primary Legal Issues

1.Timely filing of counter affidavit by respondents in Special Leave Petition

Secondary Legal Issues

1.Procedure for listing cases before the Hon'ble Court after Registrar's orders

Petitioner's Arguments

The order does not explicitly detail arguments from the petitioner's side. However, their presence implies an intent to proceed with the Special Leave Petition and likely to expedite the filing of the counter affidavit by the respondents to avoid further delays.

Respondent's Arguments

The order does not explicitly detail arguments from the respondent's side, only noting their failure to file the counter affidavit. Their advocates were present, suggesting awareness of the procedural requirements.

Court's Reasoning

The Registrar's decision is purely procedural, aimed at ensuring the progression of the case. By granting a 'last chance' for filing the counter affidavit and directing the matter to be listed before the Hon'ble Court regardless, the Registrar is enforcing procedural discipline and preventing undue delays.

Judicial Philosophy Indicators:
  • Strict Adherence to Procedure
  • Emphasis on Timely Justice
Order Nature:Procedural
Disposition Status:Pending

Impugned Orders

High Court, Uttar Pradesh
Case: SA-1074-2010
Date: 2010-07-12

Specific Directions

  1. 1.As last chance, counter affidavit is to be filed on record on or before 9.12.2011.
  2. 2.List thereafter before the Hon'ble Court, as per rules, without waiting for counter affidavit and any formal order to that effect from this court.

Precedential Assessment

Non-Binding (Procedural)

This is a procedural order issued by a Registrar and does not contain substantive legal pronouncements that would bind other courts or cases. It primarily manages the progress of a specific case.

Tips for Legal Practice

1.Ensure timely filing of affidavits as courts often impose strict deadlines and may proceed without submissions.
2.Be aware that Registrar's orders for listing 'as per rules' imply automatic progression to the judge's bench even without full compliance.
3.Advocates should communicate court deadlines clearly to clients, especially when 'last chance' directives are issued.

Legal Tags

Supreme Court Registrar procedural directionsSpecial Leave Petition counter affidavit filingfinal opportunity for respondent compliancecase progression in service matters Indialisting before Hon'ble Court after Registrar orders

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.

Order Text

\234ITEM NO.49 REGISTRAR COURT.1 SECTION XI

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 S.G. SHAH

Petition(s) for Special Leave to Appeal (Civil) No(s).7641/2011

DILEEP KUMAR PANDEY Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s) (With office report)

Date: 03/11/2011 This Petition was called on for hearing today.

For Petitioner(s)

Mr. Anil Kumar Tandale,Adv.

For Respondent(s)

Mr. Anupam Raina, Adv. Mrs.Rekha Palli,Adv.

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

As last chance, counter affidavit is to be filed on record on or before 9.12.2011.

List thereafter before the Hon'ble Court, as per rules, without waiting for counter affidavit and any formal order to that effect from this court.

(S.G. SHAH) REGISTRAR

rd

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