SUPREME COURT OF INDIA
THE ORIENTAL INSURANCE CO LTD : CHIEF ENGINEER ORIENT HOUSE, P B NO 7037, A-25/27, ASAF ALI ROAD, , DISTRICT: NEW DELHI ,NEW DELHI , DELHI – Appellant
Versus
M/S J K CEMENT WORKS : THROUGH GENERAL MANAGER KAMLA TOWER , DISTRICT: KAMLA TOWER ,KANPUR NAGAR , UTTAR PRADESH – Respondent
None 007402/2009
Listed on:15.01.2020
COURT NO.:
Item No.:
SECTION:XVIIA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.7402 OF 2009
WITH
INTERLOCUTORY APPLICATION NO 5
(Application for recall of order dated 10.09.2013 and to take
on record and statement of case on behalf of respondent.)
AND
INTERLOCUTORY APPLICATION NO 6
(Application for condonation of delay in filing recall
application.)
ORIENTAL INSURANCE CO LTD.
...Appellants
Versus
M/S J.K.CEMENT WORKS.
...Respondent
OFFICE REPORT
The matter abovementioned was again listed before
the
Hon’ble Court on 03.11.2009 when the Court was pleased
to pass the following order:
“Delay condoned.
Issue notice.
Mr. Yunus Malik, Advocate appears and waives notice on
behalf of the sole respondent.
Four weeks’ time is allowed for filing counter affidavit.
Rejoinder thereto, if any, may be filed within the next four
weeks.
List the matter thereafter.”
It is submitted that there is sole respondent and
represented through Mr. Sanjeev Agarwal,Advocate and he has
also filed counter affidvit but no rejoinder affidavit has
been filed.
..2..
The matter abovementioned was again listed before
the Hon’ble Court on 10.09.2013 when the Court was
pleased to pass the following order:
“Civil Appeal No. 7402 stood dismissed
by an order dated 30.11.2011 on the ground that
the appellant did not choose to file the
statement of case. Subsequently, on an
application I.A. No. 3/2012 the appeal stood
restored by an order dated 9.8.2012. The matter
was again listed before the learned Chamber
Judge on 10.12.2012 with an office report that
the respondent had not filed the statement of
case. Unfortunately, it appears that appropriate
facts were not brought to the notice of the
learned Chamber Judge on 10.12.2012. Therefore,
following order came to be passed on that date:
I.A. NO. 3 OF 2012
This is an application for restoration
of the civil appeal which stood dismissed vide
order dated 30.11.2011.
List the application before the
Regular Bench for appropriate orders.
In the background of the order dated
9.8.2012, the order dated 10.12.2012 is
recalled. Even today, there is no representation
on behalf of the respondent nor a statement of
case has been filed by the respondent. In the
circumstances, the right of the respondent to
file statement of case is forfieted.”
The matter was lastly listed before the Ld.
Registrar’s Court on 11.03.2014, when the Court was
pleased to pass the following order:
“A perusal of the office report indicates that the
statement of case on behalf of the appellant has been
filed and the right of the respondent to file statement of
case has been forfieted vide order dated 10.09.2013 passed
by the Hon’ble JudgeinChambers.
No further steps required.
Registry to process the matter for listing before the
Hon’ble Court, as per rules.“
..3..
It is submitted that Mr. Sanjeev Agarwal, Advocate
has on 25.03.2014 filed application for recalling the
order dated 10th September, 2013 and the same is barred by
time by 166 days and he has also filed application for
condonation of delay in filing the application for
recalling the order. Both application are registered as
I.A. nos. 5 and 6
Service is complete in the matter.
The matter above mentioned is listed before the
Hon’ble Court with this office report.
DATED THIS THE 14TH DAY OF JANUARY, 2020.
ASSISTANT REGISTRAR
Copy to:
1. Mr. Vishnu Sharma, Advocate
2. Mr. Rakesh K.Sharma,, Advocate
ASSISTANT REGISTRAR.
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