ITEM NO.12 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 8681/2016 (Arising out of impugned final judgment and order dated 07/10/2013 in CRA No. 413/2009 passed by the High Court Of Bombay) M/S KANSHIRAM SURINDERKUMAR Petitioner(s) VERSUS KANTILAL KESHRIMAL JHALANI & ORS Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and office report) Date : 10/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Ms. Bansuri Swaraj,Adv.(Not present) Mr. Siddhesh Kotwal,Adv. Ms. Shreya Bhatnagar,Adv. Mr. Raghunatha Sethupathey,Adv. Mr. Nirnimesh Dube,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. The special leave petition is dismissed. However, three months' time is granted to the petitioner to vacate the premises in question subject to filing of usual undertaking within four weeks. [O.P. SHARMA] [RAJINDER KAUR] AR-cum-PS COURT MASTER
LISTED ON : 10.05.2016 BEFORE COURT NO.:05 ITEM NO.: 12 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NOS. 1 AND 2 (Application for condonation of delay in filing and refiling the SLP) IN PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) ..CC NO. 8681 OF 2016 WITH PRAYER FOR INTERIM RELIEF M/S KANSHIRAM SURINDERKUMAR ...PETITIONER VERSUS KANTILAL KESHRIMAL JHALANI & ORS ...RESPONDENTS OFFICE REPORT I t is s ubmit te d for the information of the Hon'ble Court that there is a delay of 80 days in filing and 231 days in refiling the Special Leave Petition filed against the Judgment and Order dated 07.10.2013 of the High Court of Bombay in CRA No. 413 of 2009. It is further submitted that counsel for the petitioner has on 28.10.2015 filed a letter stating therein that Order dated 07.08.2009 mentioned in the List of dates is not necessary for the effective adjudication of the present Special Leave Petition (Copy of the letter dated 28.10.2015 is enclosed herewith). The matter above mentioned is listed before the Hon'ble Court with this report. Dated this the 09th day of May, 2016. ASSISTANT REGISTRAR Copy to: Mr. Nirnimesh Dube, Advocate L ASSISTANT REGISTRAR
æ ITEM NO.12 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 8681/2016 (Arising out of impugned final judgment and order dated 07/10/2013 in CRA No. 413/2009 passed by the High Court Of Bombay) M/S KANSHIRAM SURINDERKUMAR Petitioner(s) VERSUS KANTILAL KESHRIMAL JHALANI & ORS Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and office report) Date : 10/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Ms. Bansuri Swaraj,Adv.(Not present) Mr. Siddhesh Kotwal,Adv. Ms. Shreya Bhatnagar,Adv. Mr. Raghunatha Sethupathey,Adv. Mr. Nirnimesh Dube,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. The special leave petition is dismissed. However, three months' time is granted to the petitioner to vacate the premises in question subject to filing of usual undertaking within four weeks. [O.P. SHARMA] [RAJINDER KAUR] AR-cum-PSSignature Not Verified COURT MASTERDigitally signed by OMPARKASH SHARMADate: 2016.05.1116:38:58 ISTReason:
ITEM NO.7 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 1/2016, I.A. 2/2016 in Petition(s) for Special Leave to Appeal (C) Diary No(s). 10148/2014 (Arising out of impugned final judgment and order dated 07/10/2013 in CRA No. 413/2009 passed by the High Court of Bombay) M/S KANSHIRAM SURINDERKUMAR Petitioner(s) VERSUS KANTILAL KESHRIMAL JHALANI & ORS Respondent(s) (For restoration and c/delay in filing application for restoration) Date : 22/04/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE [IN CHAMBERS] For Petitioner(s) Mr. Bansuri Swaraj, Adv. Mr. Raghunatha Sethupathy, Adv. Mr. Nirnimesh Dube, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R On 27.07.2015, the Special Leave Petition was dismissed for non-compliance of Court's order to cure the defects. I have perused the ground for condonation of delay of 51 days. In my view, a ground is made out to condone the delay. It is accordingly condoned. Application for recalling Court's dated 27.07.2015 is also perused. Keeping in view the averments made in the application and taking into consideration the subject matter of the case, the application for recalling of the
order dated 27.07.2015 is allowed. As a consequence, the order dated 27.07.2015 is recalled and SLP stands restored. (A.D. SHARMA) (RAJESH KR.CHAURASIA) (CHANDER BALA) AR-CUM-PS SR.P.A. COURT MASTER
\216 ITEM NO.7 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 1/2016, I.A. 2/2016 in Petition(s) for Special Leave to Appeal (C) Diary No(s). 10148/2014 (Arising out of impugned final judgment and order dated 07/10/2013 in CRA No. 413/2009 passed by the High Court of Bombay) M/S KANSHIRAM SURINDERKUMAR Petitioner(s) VERSUS KANTILAL KESHRIMAL JHALANI & ORS Respondent(s) (For restoration and c/delay in filing application for restoration) Date : 22/04/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE [IN CHAMBERS] For Petitioner(s) Mr. Bansuri Swaraj, Adv. Mr. Raghunatha Sethupathy, Adv. Mr. Nirnimesh Dube, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R On 27.07.2015, the Special Leave Petition was dismissed for non-compliance of Court's order to cure the defects. I have perused the ground for condonation of delay of 51 days. In my view, a ground is made out to condone the delay. It is accordingly condoned. Application for recalling Court's dated 27.07.2015 isSignature Not VerifiedDigitally signed bySAPNA BISHTDate: 2016.04.26 also perused. Keeping in view the averments made in the14:25:01 ISTReason: application and taking into consideration the subject matter of the case, the application for recalling of theorder dated 27.07.2015 is allowed. As a consequence, theorder dated 27.07.2015 is recalled and SLP standsrestored.
(A.D. SHARMA) (RAJESH KR.CHAURASIA) (CHANDER BALA) AR-CUM-PS SR.P.A. COURT MASTER