There must be some office objections raised by registry which have not been removed
your lawyer has to remove the office objections then only would writ be numbered
Die-in-herness matter - Single Bench of the High Court of Tripura dismissed Writ petition - Division Bench of the same High Court allowed Writ Petition in Writ Appeal - Respondents filed Review Petition which was dismissed by the Division Bench of the same High Court - Thereafter Respondents filed Petition vide Case Diary No. 10680 of 2020 on 20.03.2020 which is shown under defect list valid for 90 days till 04.08.2020. How long a petition with diary number can be under scrutiny ?
whether in the mean time defect or defects is/are removed by this time and if so What is the SLP Number
There must be some office objections raised by registry which have not been removed
your lawyer has to remove the office objections then only would writ be numbered
whether in the mean time the defect/defects is/are removed and if so what is the fate of Diary No. 10680 of 2020
Diary number given is number given on filing of writ
after removal of office objections petition is finally numbered
in other words new number is given by registry
You have to make application for circulation of your matter before the bench which is assigned to hear the subject matter.
Your matter is before High Court or Supreme Court.
SLP is moved before Supreme Court.
removal of objection takes maximum one week whether Supreme Court or High Court.
- As per rule. when a Petition is filed in the High or Supreme Court, then they issue a Diary Number for having filed the case , which is temporary number.
- Further , if there is any defect in the petition filing then one has to remove the said defects within a maximum period of 90 days.
- Further , if not approach to remove the said defects within this limitation , then the petitioner has to file petition afresh. generally the defects will be removed and the case will be refiled.
- Further, after removing the defects of filing., the petition has to be refiled in the registry.
THE TRIPURA STATE ELECTRICITY CORPORATION LIMITED
CHAIRMAN CUM MANAGING DIRECTOR BIDYUT BHAVAN, NORTH BANAMALIPUR, AGARTALA ,WEST TRIPURA , TRIPURA
2 THE CHAIRMAN CUM MANAGING DIRECTOR TRIPURA STATE ELECTRICITY CORPORATION LIMITED, TRIPURA
THE CHAIRMAN CUM MANAGING DIRECTOR BIDYUT BHAVAN, NORTH BANAMALIPUR, , DISTRICT: AGARTALA ,WEST TRIPURA , TRIPURA
Respondent(s)
1 SUBASH SARKAR S/D/W/Thru:- LATE MANINDRA SARKAR
VILLAGE-LEBACHERRA, DAS PARA, P.O. JATANBARI, P.S. NATUNBAZAR ,SOUTH TRIPURA , TRIPURA
2 THE STATE OF TRIPURA REPRESENTED BY THE SECRETARY DEPARTMENT OF POWER
REPRESENTED BY THE SECRETARY NEW SECRETARIAT COMPLEX, GOVERNMENT OF TRIPURA, KHEJUR BAGAN, PO KUNJABAN , DISTRICT: P.S. NEW CAPITAL COMPLEX ,WEST TRIPURA , TRIPURA
3 THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE
THE PRINCIPAL SECRETARY GOVERNMENT OF TRIPURA, NEW SECRETARIAT COMPLEX, KHUJURBAGAN, PO KUNJABAN , DISTRICT: P.S. NEW CAPITAL COMPLEX ,WEST TRIPURA , TRIPURA
This is still a defective case. Defects haven't been removed.
As long as defect is not cured it remains in the defect list
Due to lockdown there is no restraint in not not curing the defect.
Since the liability to cure the defect lies on appellant the Respondent has no say in it.
Since no stay is in force contempt petition can be filed in high court for execution of the order.
Till defect not removed, petition will not list. Maximum time 90 days and In case the party fails to cure the defects till 90 days the matter shall be listed in the following week before the Hon'ble Judge in Chambers.
Hello,
If the same is shown under the defect list then that means that there are certain defects in the file which are required to be removed within 90 days.
if the defects are not removed within the said time then the application will have to be filed before the registrar to get permission for removing the defect.
Regards
1. What relief have the respondents claimed in their Petition vide Case Diary No. 10680 of 2020?
2. Due to the fact that courts across the country are taking up urgent matters only the scrutiny of petition may not have been completed and it may remain in this state as long as the High Court of Tripura functions in the restrictive mode.
Due to current national lock down situation, you cannot expect the court to function in the normal manner.
If there was no representation from either of the side on the date of last hearing i.e., on 04.08.2020, then the court may adjourn the matter to next date of hearing.
The defects is allowed to be removed and the SLP is being numbered or not will depend on both sides representing the matter on the date of hearing, if there is no representation from either of the side, then the court may adjourn the matter automatically to next date without taking any action on it.
The fate of the referred case diary will remain same as it was on the date of last date of hearing if there was no representation.
Since this is not a very urgent matter, the court will not pass any orders on its own without hearing both the parties.