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SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, DINESH MAHESHWARI, JJ.
Oriental Insurance Co. Ltd. - Petitioner
Versus
Zaixhu Xie & Ors. - Respondents
Special Leave Petition (Civil) Diary No(s). 21991 of 2020
Decided On : 16-11-2020
Exemption - Condonation of Delay - Judgment
Fact of the Case:
The controversy arose regarding the date of delivery of judgment and the delay in providing the certified copy of the judgment to the petitioner.
Finding of the Court:
The Court allowed the application for exemption from filing the certified copy of the impugned judgment and directed the Registrar General to investigate and report on the reservation and delivery of the judgment.
Issues: Controversy over the reservation and delivery of judgment, delay in providing certified copy, and release of deposited amount.
Ratio Decidendi: The Court emphasized the importance of timely delivery and availability of judgments, and directed the Registrar General to investigate and report on the matter.
Final Decision: The Court ordered the Registrar General to submit a report before the next date and listed the case for the following week, while also directing that the deposited amount not be released until the next date.
ORDER :
1. Application for exemption from filing c/c of the impugned judgment is allowed.
IA No. 104573/2020 - CONDONATION OF DELAY IN FILING
2. A controversy has been raised that on 31st July, 2019, the judgment was reserved and no order was dictated in Court and yet the judgment which is stated to have been delivered is dated 31.07.2019. It has also been stated that certified copy of the judgment though applied for, was not made available and it was stated that the file was still pending with the learned Judge. Not only that, it is averred that even till date application for certified copy is pending and not issued. It is thereafter stated the copy ultimately came to be supplied in September, 2020.
3. We would like the Registrar General of the Delhi High Court to look into the records and inform us whether the judgment was or was not reserved on 31.07.2019. If it was not reserved then expectedly the order should be available in couple of days. Thus, the Registrar General should explain when the file was received and when judgment uploaded and certified copy supplied to the petitioner.
4. The Registrar General to submit the report before the next date.
5. List next week on a miscellaneous day.
6. In the meantime, the amount stated to be deposited in Court be not released till the next date.
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