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SUPREME COURT OF INDIA
Hima Kohli, C.T. Ravikumar, JJ.
Indian Medical Association & Anr. – Appellants
Versus
Union of India & Ors. – Respondents
Writ Petition(Civil) No. 645 of 2022
Decided On : 23-08-2022
Notice - Dasti Service - The court permitted Dasti service in addition to issuing notice, and the learned Solicitor General waived formal notice on behalf of the Union of India.
Fact of the Case:
The court heard the learned counsel for the petitioners and reviewed the available material on record. The court issued notice and permitted Dasti service, with the learned Solicitor General waiving formal notice on behalf of the Union of India.
Finding of the Court:
The court found it appropriate to issue notice and permit Dasti service, with the learned Solicitor General waiving formal notice on behalf of the Union of India.
Issues:
Ratio Decidendi: The court's decision was based on the acceptance of the learned Solicitor General and the direction to list the matter after service is complete on the respondents.
Final Decision: The court directed the Registry to list the matter after service is complete on the respondents.
ORDER
1. Heard learned counsel appearing for the petitioners and carefully perused the material available on record.
2. Issue notice.
3. Dasti service, in addition, is permitted.
4. Mr. Tushar Mehta, learned Solicitor General accepts and waives formal notice on behalf of the Union of India.
5. The Registry is directed to list this matter after service is complete on the respondents.
The court's decision was influenced by the acceptance of the learned Solicitor General and the direction to list the matter after service is complete on the respondents.
The court's decision emphasized the importance of ensuring proper service and granting liberty to the petitioner for serving the petition upon the Standing Counsels.
The court's decision emphasized the importance of providing an opportunity for the respondents to respond within a reasonable time, in line with principles of natural justice.
Court emphasizes procedural fairness and the importance of timely notice to all parties in interim relief applications.
The court emphasized the need to stay the High Court's judgment pending the appeal's consideration to ensure justice is served.
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