If you feel that the opposite party is likely to approach the Supreme Court by way of filing SLP (Special Leave Petition), you may file a caveat in the Supreme Court. Under the SC Rules, it has been provided that where a caveat has been lodged, notice of the hearing of the petition (SLP) filed by the opposite party shall be given to the caveator. In the absence of a caveat, petition for grant of special leave (SLP) is put up for hearing ex-parte, but the Court, if it thinks fit, may direct issue of notice to the respondent and adjourn the hearing of the petition.
Thus, if you file the caveat, you’ll be informed about he hearing of the case in advance by the Supreme Court and you’ll get an opportunity of opposing the grant of leave or interim relief or stay, if any, without filing any written objections.
If you so wish, you can also file your objections within 30 days from the date of receipt of notice or not later than 2 weeks before the date appointed for hearing, whichever is earlier, but you can do so only by setting out the grounds in opposition to the questions of law or grounds set out in the SLP and may produce such pleadings and documents filed before the Court/Tribunal against whose order the SLP is filed and may also set out the grounds for not granting interim order or for vacating interim order if already granted.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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