Listing of SLP in Supreme court

[Rajendra Gupta]

I had won a consumer case in NCDRC against Post office. Aftyer wasting 6 months they have gone to supreme court filing a SLP Civil consumer cases in March
I had earlier filed a caveat as respondent in person

But till now I did not get caveat notice and neither copy of petoition form petitioner as per rules though it is july i.e.4 monhs gone

I cam to know form SLP No by searching in supreme court website

recently a few dasy abck i visited there and found that registry of court has shown delivry of notice at my delhi address which is absolutey false.
Same ay petitioner says they too delivered petition to my address in april itself which again is false.

1. Is it possible for manipulaitons like above in supreme court too?
what is remedy?

2. The SLP is filed 2.5 months late than allowed 90 days form delievery of order of NCRDRC. Can it be admitted by court? And why shoud it be allowed?

3. I was asked to make fresh applicaiton for submitting fresh types applicaiton to appear in person with affidavit which I have done 3 days back. I was also asked by coutner to even file memorandum of appearnce at this stage which appears illogical to me.

In short fasle delievries of noitice and petition by petitioner under caveat rule have been shown, the case never listed yet though 4 months are passed

What is remedy and what is actual procedure in supreme court
when I will get peition copy form court itself?

[Dr. Ashok Dhamija]

Usually, a caveat is valid only for 3 months. After that, you may have to file a fresh caveat. May be due to this reason, the copy was not supplied to you (i.e., your first caveat might have expired). The Supreme Court registry is very strict in these matters. If there is a valid caveat on record, the Supreme Court registry will not allow the petition / SLP to be listed unless the caveator is served in legally permissible manner. Non-listing of the matter may also be due to the fact that the defects pointed out in the SLP might not have been cured by your opposite party. Please find out the exact reason from the SC registry.

Since you are appearing in person, you are required to file the memo of appearance. There is nothing wrong in that.

Wherever SLP is filed beyond the period of limitation, an application for condonation of delay is also filed along with it. The court has the power to condone the delay.     

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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.

[Rajendra Gupta]

Sir thanks. Sinc eI already mentioned that SLP no I came through website means case was filed by opposite party the petitioner and my caveat was in force at that time and website shows me caveator in perons against advocate name

The petitionwas filed in march 2016 itself
On enquiry i founf that registry has already shown delivery of caveat notcie in March but no such notcie delivery was made. That is pretty serious

Unless a respondent caveator or no caveator receievd notcie form court how he will know some case is there and then only he can start actions. is not it? I hope you agree

I recevived a copy form registry after lot of followup in person in July only

The petition was filed in March then why it has not been listed till August?

I think memorandum of appearnce is filed only after court notice is recived? is that true sir?

How can i file memorandum of aprreance when case is not even listed

I had filed Applciaiton for apperance in person and afidavit on my own without receiving caveat notcie copy

Not only this Post offcie the petitioner showed delivery of petition also in april that is gaain false .As nothing such received

I am unable to undrstand hapahazard and illogical working of supreme court registry . high handed ness, and false dleiveries being shown

It appears to be worst than a tehsil level kascheri.

What is time provided for listing a case whenever it is filed in any court and specifically Supreme court SLPS

Though I am resposndent and not interested in this SLP but Post offcie is using it as an excuse to delay and pospone contempt proceedings in cinsumer foirum against my execution filed u/s 27 of COPA.

So now please advsie courrse of action for me to be taken.

[Dr. Ashok Dhamija]

After curing of defects, usually the SLP is listed within one to two weeks.

Since you are a caveator, you may file the memo of appearance before the listing date since you get a right to be heard on “interim relief” on the first date itself.

Please check other details from the registry since these are questions of facts which vary from case to case. If you have a grievance against the registry staff, you can approach senior officers of the registry, if needed with a complaint.     

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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.

[Rajendra Gupta]

But how can i be heard unless I have copy of petition .neither court nor petitioner (as required for caveator also) has not been sent to me yet.I will file memorandum in 2-3 days. The case as on date is never listed.

[Dr. Ashok Dhamija]

You can seek an extra copy of petition from opposite party or registry, if it was not served upon you.     

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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.

[Rajendra Gupta]

Thanks. I wrote letters to registry as also to petitioner . 2 months gone no action.Though i am respodnent still petition is being misused by post offcie to stall proceeding in cosnuemr court though it is not ven listed and no stay is there.

how to get copy when both not giving?

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