Not Getting the SLP number

[JanakiRaman Govindaswamy]

Sir ,

I filed a case in supreme court through e filing Diary Number 39401/2015
corrected almost all defects

Registry SectionIII a Nisha bhardwaj called for a meeting so came to meeting during the meeting she agreed to present the case

But so far i didn’t get the SLP number Subsequent calls to assistant registarar i am not getting proper answer

How to address/Escalate this to ensure the case listed before the Supreme court judge

Regards
JanakiRaman

[Dr. Ashok Dhamija]

This is the problem that one faces when one files a case in the Supreme Court in person. Filing a case in Supreme Court is a difficult process since generally in almost every case, some defects are pointed out, and in many cases a large number of defects are pointed out. Even for most advocates who regularly practice in Supreme Court, generally at least some defects are pointed out almost in all of their cases. A party-in-person will definitely face more problems since they are not familiar with the technicalities and the procedure. Unlike other courts, the SC has very strict filing requirements. It is seen that unless you are a party-in-person who is regular to the Supreme Court, you may sometimes be spending more money (and time and energy) in paying regular visits to SC registry than the amount saved in paying to an advocate. Your matter is pending since 2015 (the SC website still shows 19 major defects in your case) for removal of the defects.

As per the SC rules, defective matters are required to be refiled, after removal of the defects, within 28 days from the date of communication of defects. If there is delay, an application is to be filed seeking condonation of delay. That application is listed before the Court, for orders. On refiling, the matters are again scrutinized to ensure that all the objections communicated to the advocate/petitioner in person have been removed and if found in order, the matter is registered.

The relevant extracts of the Supreme Court Rules relating to a defective filing are reproduced below for your information:

“(3) Where a document is found to be defective, the said document shall, after notice to the party filing the same, be placed before the Registrar. The Registrar may, by an order in writing, decline to receive the document if, in his opinion, the mandatory requirements of the rules are not satisfied. Where, however, the defect noticed is formal, the Registrar may allow the party to rectify the same in his presence; but, in other cases, he may require the party to obtain an order from the Court permitting the party to rectify the same and for this purpose may allow to the party concerned, such time as may be necessary but not exceeding twenty-eight days in aggregate.
(4) Where the party fails to take any steps for the removal of the defect within the time fixed for the same by the Registrar, the Registrar may, for reasons to be recorded in writing, decline to register the document.
(5) Any party aggrieved by any order made by the Registrar under this Rule may, within fifteen days of the making of such order, appeal against it to the Judge in Chambers.”

     

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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.

[JanakiRaman Govindaswamy]

Hello Ashok sir ,
Thanks Much for the detailed response . I too read the Supreme court rules about the 15 day rule, But my case was accepted by the LD registrar when i was available in front of registrar for meeting

As i said in my query , My case was accepted by registry that’s why i came back to work

I rectified all the defects – I am not sure why that is NOT reflecting online in the site.After the defects correction only i got in person invite to present the case before the registry

I don’t want to represent a lawyer because there is too much influence happening in my case. Unfortunately supreme court doesn’t allow PARTY in person to say his version if a lawyer is appointed

Any help in this matter is greatly appreciated

Thanks so much for your time

Regards
Raman

[Dr. Ashok Dhamija]

Everything has its own pros and cons. You have full authority in law to appear in person, but then you have to handle the difficulties also yourself. You’ll have to take measures mentioned in the rules quoted above. File an application before the Chamber Judge as mentioned in the above rule. Second option is to orally mention before the Chief Justice Court at 10.30 am. Thirdly, you can visit the Supreme Court registry and meet the concerned officer. I can’t suggest anything more.      

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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.

[JanakiRaman Govindaswamy]

These 2 options i would like to proceed
File an application before the Chamber Judge as mentioned in the above rule.
Second option is to orally mention before the Chief Justice Court at 10.30 am.

Is meeting chief justice possible ? how to get an appointment for the same ? last time i had the letter from registry so i could able to enter in , how can i enter in the court as i am not a lawyer either for filling application to chambers judge or meeting chief justice in person please tell the procedure

i tried to speak with nagpal(PPS to chief justice) so for unable to speak . Person who is picking is not that cooperative too.

I can very well pay the consulting fees too all i am trying to do is present my case before the supreme court judge

Please guide me in this

Regards
Raman

[Dr. Ashok Dhamija]

It is NOT permissible to meet any judge. What I had mentioned was that you can orally mention at 10.30 am in the OPEN COURT of the Chief Justice (court No. 1) when oral mentioning by advocates is allowed.

Secondly, making an application to the Chamber Judge does not mean that you have to go and meet him to make an application. This application will have to be filed before the registry which will then be listed before the Chamber Judge and on the designated date of listing, you will have to appear in the court of the Chamber Judge.

Please contact the SC registry for the procedure.

You can get the Entry Pass at the gate of the Supreme Court by showing your Photo ID and the proof that you are a party in person.     

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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.

[JanakiRaman Govindaswamy]

Thanks again this is definitely helping my issue

making an application to the Chamber Judge –
this has to be done by the registry But in my particular case Registry behavior itself is unethical & atrocious. In the meeting she agreed to accept my case
later they are claiming one defect & will be presented before chamber judge – So now how can i trust they will initiate towards chamber judge

I made numerous calls to registry – Assistant registrar on first day said it will be listed soon , second day he said case rejected , third day case will go chamber judge –
They are not putting anything in writing (email)
i tried my best to speak to Nisha(registrar) only once after the meeting she spoke

Will calling secretary general & Chief justice office will it help ? – This i am asking since i am in outside of country

Why they do this ? – During initial time they wrongly advised/try to mislead me – Now they are worried that i may say this before judge , but my intention is not that i can’t change the whole world.

Regarding saying orally to chief justice

your answer : What I had mentioned was that you can orally mention at 10.30 am in the OPEN COURT of the Chief Justice (court No. 1) when oral mentioning by advocates is allowed.

Just by saying the diary number(by shown ID proof) will they allow inside security ? If there is an issue here how can i sort it out ? If i get an E-pass i will be more comfortable as i am traveling
from outside india.I am worried about the entry being rejected into the court. I curt No 1 will there be an issue as i am not a lawyer ?

I wish to club both Chamber judge action & chief justice in one travel – I don’t think this is feasible as there is lack of cooperation from registry

will you provide consulting ? ( i will pay fees) – i have other questions like having a lawyer only for process,Video conference in supreme court ( video conferencing i have seen it for witness)

Thanks a lot for ur help!!!!

Raman

[Dr. Ashok Dhamija]

Please contact an advocate on record (AOR) for detailed consultation. The list of the advocates on record is available on the website of the Supreme Court. I am not an advocate on record.     

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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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