Caveat not considered within 90 days of filing – SLP filed on 88th day defective

[Girish Pillai M]

We have filed a Caveat in Supreme court on 19-03-2020,
Caveat No.2876-2020 Dtd 19-03-2020, AJIT KUMAR M.T. Vs. KERALA STATE ELECTRICITY BOARD LTD, KERALA.The subject SLP on which the caveat has been filed was filed on 15-06-2020 and the same is returned and kept under defect list as per Diary No.12915/2020 Filed on 15-06-2020. But we the caveators have not received any intimation about filing the SLP or the copy of the SLP and our Caveat has not been listed in the details provided in the case status web site of SC where as another Caveat filed by some other people on 30-04-2020 has been listed in the site. Since the 90 days validity period of our Caveat expired only on 17-06-2020 I request you to kindly inform me whether the act of non consideartion of our Caveat by the registry is correct or not and please advise anything can be done to consider our existing caveat without filing a new caveat.

[Dr. Ashok Dhamija]

Please check whether the SLP has been filed in the Supreme Court against the same order of the high court, in respect of which you have filed the caveat. For example, in the SLP referred to by you, there appear to be 26 cases in which order of the high court is passed (appears to be a common order) which are mentioned in the “Earlier Court Details” column; but, it appears that SLP challenges order only in 2 such cases. So, check whether your case number is included in the list of cases in which order is challenged in the SLP. Match these details. Also check whether you are a necessary party in such SLP.

If you still find that your details match and your caveat was wrongly ignored, you may have to check from the registry of Supreme Court or ask your Advocate on Record to check from the registry. Usually, there has to be some reason, such as the case number not matching, etc., due to which your caveat might not have been considered. Only the registry can tell you the exact reason.

If you don’t want to take a chance, you can file another caveat with proper case number details, as in any case a fresh caveat may have to be filed after 90 days. A caveat filed even after the filing of SLP is also considered by the Supreme Court, if it is related to that SLP.

     

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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.

[Girish Pillai M]

From the Case status it is noticed that only Judgments in WA Nos.2220/2019 & 2221/2019 has been challenged. Our caveat was filed in Writ Appeal No. 2305/2019 and the same has not been specifically challenged. But a common Judgment has been issued in 13 Writ Appeals which includes WA No.2305/2019 also along with WA 2220/2019 & WA 2221/2019. All these 13 writ appeals have been included in the earlier court details listed along with Diary No.12915/2020. So please convey your opinion about non considearion of our caveat in the light of above mentioned facts and whether we will be able to take up the issue with registry to consider our caveat no.2876/2020 filed on 19-03-2020 also without having to file a new caveat.

[Dr. Ashok Dhamija]

That is what I was suspecting and that is why I asked you to check the details of the cases in which order of high court has been challenged.

Since you have an Advocate on Record in your caveat, you can ask him to check from registry and request them to list your caveat also in the SLP filed, since it is a common order of the high court. I personally feel the registry may agree if you point out this reason, i.e., it was a common order in all these cases and your caveat covers that common order.

However, if the SC registry does not agree, then you may file a new caveat.     

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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.

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