eCourtsIndia

Dileep Kumar Pandey vs. Union Of India

Court:Supreme Court of India
Judge:Hon'ble Abhay S. Oka
Case Status:Dismissed
Order Date:6 Nov 2012
CNR:SCIN010332012010

AI Summary

This Supreme Court order from March 2012 outlines critical procedural steps for a Special Leave Petition concerning a service matter. It details notice acceptance, directions for filing affidavits, and instructions for serving unserved respondents, highlighting the court's emphasis on timely compliance to avoid delays in litigation and ensure proper prosecution of the case.

Ratio Decidendi:
Proper and timely service of notice and subsequent filing of pleadings are fundamental procedural requirements that must be strictly adhered to for the effective prosecution and progression of a Special Leave Petition before the Supreme Court; failure to comply may lead to the case being listed for non-prosecution.
Obiter Dicta:
The court's mention of dasti service through nearest Civil Court/Trial Court for private parties and standing counsel for State authorities underscores the flexibility and pragmatism employed by the Supreme Court to overcome service challenges.

Case Identifiers

Primary Case No:7641/2011
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Service Matters
Secondary Case Numbers:35751/2011
Order Date:2012-03-16
Filing Year:2011
Court:Supreme Court Of India
Bench:Registrar Court
Judges:Hon'ble S.G. Shah

Petitioner's Counsel

Saurabh Gupta
Advocate - Appeared
Anil Kumar Tandale
Advocate - Appeared

Respondent's Counsel

Anupam Raina
Advocate - Appeared
Rekha Palli
Advocate-on-Record - Appeared

Advocates on Record

Rekha Palli

eCourtsIndia AITM

Brief Facts Summary

Two Special Leave Petitions (Civil), SLP(C) No. 7641/2011 and SLP(C) No. 35751/2011, were listed before the Registrar Court. SLP(C) No. 7641/2011 was deleted. In SLP(C) No. 35751/2011, counsel for respondent Nos. 2, 3, and 5 accepted notice and sought time to file necessary documents. The court directed the petitioner to provide copies of pleadings and ordered fresh dasti service on unserved respondent Nos. 4 and 6, specifying procedures for service and setting deadlines for compliance and the next hearing.

Timeline of Events

2011

SLP(C) No. 7641/2011 and SLP(C) No. 35751/2011 filed.

2012-03-16

Petitions called on for hearing before Registrar Court.

2012-03-16

SLP(C) No. 7641/2011 Deleted.

2012-03-16

Ld. Advocate Mr Anupam Raina accepts notice for respondent Nos. 2, 3 and 5 in SLP(C) No. 35751/2011.

2012-03-16

Court grants time to file vakalatnama and counter affidavit for served respondents.

2012-03-16

Petitioner directed to provide copies of pleadings against proper acknowledgment.

2012-03-16

Court directs fresh dasti service on unserved respondent Nos. 4 and 6.

before 2012-03-26

Deadline for paying process fee and spare copies for fresh notices.

2012-05-02

Next listing date if notices are issued.

Key Factual Findings

SLP(C) No. 7641/2011 is to be deleted from the record.

Source: Current Court Finding

Notice has been accepted by counsel for respondent Nos. 2, 3, and 5 in SLP(C) No. 35751/2011.

Source: Current Court Finding

Respondent Nos. 4 and 6 in SLP(C) No. 35751/2011 remain unserved.

Source: Current Court Finding

Primary Legal Issues

1.Ensuring proper service of notice to all respondents in a Special Leave Petition.
2.Compliance with procedural requirements for filing vakalatnama and counter-affidavits.

Secondary Legal Issues

1.Management of connected Special Leave Petitions (e.g., deletion of SLP(C) No. 7641/2011).

Petitioner's Arguments

The order primarily deals with procedural aspects, and specific arguments of the petitioner are not detailed. However, their presence implies an active prosecution of their Special Leave Petition.

Respondent's Arguments

The order notes that counsel for respondent Nos. 2, 3, and 5 accepted notice and sought time to file a vakalatnama and counter affidavit, indicating their intention to appear and present their defense.

Court's Reasoning

The Registrar's decision focuses on advancing the case by ensuring all parties are on record and have an opportunity to present their side. The court emphasized expeditious service of notice, allowing dasti service and setting clear deadlines, to prevent undue delay and potential non-prosecution. The direction for the petitioner to provide copies of pleadings against proper acknowledgment is to streamline the process and avoid re-issuance of notices.

Judicial Philosophy Indicators:
  • Emphasis on Procedural Efficiency
  • Ensuring Natural Justice (opportunity to be heard)
Order Nature:Procedural
Disposition Status:Pending

Specific Directions

  1. 1.SLP(C) NO.7641/2011 Deleted.
  2. 2.Mr Anupam Raina accepts notice for respondent Nos. 2,3 and 5 and seeks time to file vakalatnama and counter affidavit.
  3. 3.Petitioner has to provide copies of pleadings against proper acknowledgment which is to be filed on record to avoid issuance of further notices.
  4. 4.Issue fresh notice with dasti service on unserved respondent nos. 4 and 6.
  5. 5.Dasti service permitted to be served through the nearest Civil Court/Trial Court where private parties are concerned and through standing counsel where State authorities are concerned.
  6. 6.Process fee and spare copies to be paid before 26.3.2012, else list before the Hon'ble Judge in Chamber for non-prosecution.
  7. 7.If notices are issued, list again on 2.5.2012.
  8. 8.Served respondents may file counter affidavit till then.

Precedential Assessment

Non-Binding (Procedural)

This is a procedural order by the Registrar, primarily dealing with case management and ensuring due process, rather than substantive legal interpretation or establishing a new legal principle. It does not set a binding precedent.

Tips for Legal Practice

1.Advocates must ensure timely payment of process fees and submission of spare copies for unserved respondents to avoid listing for non-prosecution.
2.When notice is accepted by an Advocate-on-Record, filing vakalatnama and counter affidavit within stipulated time is crucial.
3.Petitioners are responsible for providing copies of pleadings against acknowledgment to served respondents to prevent delays in further notice issuance.

Legal Tags

Supreme Court procedural order service of noticeDasti service on unserved respondents Supreme Court IndiaFiling vakalatnama and counter affidavit timelinesNon-prosecution of special leave petition implicationsProcedural compliance for litigants and advocates Supreme Court

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.68 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 ) WITH SLP(C) NO. 35751 of 2011 (With office report) Date: 16/03/2012 This Petition was called on for hearing today. For Petitioner(s) Mr Saurabh Gupta, ADv. 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 SLP(C) NO.7641/2011 Deleted. SLP(C) NO. 35751/2011 The ld. Advocate, Mr Anupam Raina appearing on behalf of Mrs Rekha Palli, Advocate-on-record accepts notice for respondent Nos. 2,3 and 5 and seeks time to file vakalatnama and counter affidavit. Petitioner has to provide copies of pleadings against proper acknowledgment which is to be filed on record to avoid issuance of further notices. -2- Item No.68 Issue fresh notice with dasti service on unserved respondent nos. 4 and 6, which is permitted to be served

through the nearest Civil Court/Trial Court where private

parties are concerned and through standing counsel where State

authorities are concerned, if process fee and spare copies are paid before 26.3.2012, else list before the Hon'ble Judge in Chamber for non-prosecution. If notices are issued, list again on 2.5.2012. Served respondents may file counter affidavit till

then.

(S.G.SHAH) REGISTRAR

hj

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