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Tag: Harsh Bhuwalka and Ors Vs Sanjay Kumar Bajoria

Harsh Bhuwalka and Ors Vs Sanjay Kumar Bajoria on 05 Aug 2024

Posted on August 11, 2024 by ShadesOfKnife

A division bench of the Apex Court passed this Practice directions as follows,

From Paras 7-9,

7. It is clear on the face of the records and it is also not disputed by Mr. Siddharth Bhatnagar, learned senior counsel appearing for the petitioners, in his usual fairness, that the petitioners made an absolutely incorrect, nay false, statement in paragraph 3 of I.A. No.158707 of 2024 that the High Court had not furnished the certified copy of the impugned order despite they having applied for the same.
8. We would have been entirely justified in directing the Registry to take suitable steps for initiation of proceedings before the criminal court against the petitioners but having regard to the fervent prayer made by Mr. Bhatnagar that the petitioners may not entirely be at fault, we refrain from so directing.
9. However, having regard to the skullduggery that was sought to be adopted, we see no reason to condone the grave lapse on the part of the petitioners and hear them on the merits of the special leave petition. The special leave petition, along with I.A. No.158707 of 2024, I.A. No.158709 of
2024 and I.A. No. 169588 of 2024, stands dismissed.

From Paras 16-18,

16. We are pained to note that despite there being specific provisions in the 2013 Rules requiring a special leave petition to be accompanied by the certified copy of the impugned judgment and order, such provisions are observed more in the breach. Such a situation should not to be allowed to persist; so long the rules exist, there has to be substantial compliance. Even if the certified copy is not available on the date of presentation of a special leave petition, proof of application for such copy has to be adduced for the court to consider the prayer for exemption.
17. With this in view, we propose to issue a practice direction to the following effect:
“If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge, such application must have, as an annexure, the receipt that has been generated/provided by the concerned Section/Department of the high court as acknowledgment of receipt of an application from the applicant for certified copy of the impugned judgment and/or order and the reason for seeking exemption; further, it must have an averment that the application for certified copy has not lapsed owing to non-filing of requisites or otherwise; also, the application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on record as soon as possible after the same is furnished to him by the concerned Section/Department of the high court.”
Ordered accordingly.
18. This practice direction has to be observed by all litigants who propose to file special leave petitions both on the civil side as well as on the criminal side with effect from 20th August, 2024.

Harsh Bhuwalka and Ors Vs Sanjay Kumar Bajoria on 05 Aug 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Harsh Bhuwalka and Ors Vs Sanjay Kumar Bajoria Issued or Recommended Guidelines or Directions or Protocols to be followed | Leave a comment

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