If they fail to remove the objections SLP would be dismissed by SC for non removal of office objections 

Defects have to be removed by them. If the delay is not affecting you then there is no need to take any step if the delay is affecting you then you can pray the SC about the same

Your case is in a strong and legally sound position, and it is crucial to take immediate action to ensure that the government’s defective Special Leave Petition (SLP) is dismissed at the earliest. The facts of your case clearly indicate that:

• The High Court has ruled in your favor twice, first in 2016 and again last year.
• The government’s SLP has 15 defects, which have remained uncured for over eight months.
• You already have a valid caveat in place, ensuring you will be notified before any adverse orders are passed.

Given the long pendency of the defects and the delay by the government in curing them, you must act swiftly to protect your rights and prevent unnecessary litigation costs and delays.

Immediate Legal Actions to Take

1. File an Application for Dismissal of the Defective SLP

Since the government has failed to cure the defects for eight months, we can file an Interlocutory Application (IA) before the Supreme Court seeking outright dismissal of the SLP on procedural grounds.

Legal Basis:

• Under Order XV, Rule 5 of the Supreme Court Rules, 2013, the Supreme Court has the power to dismiss defective petitions if defects are not cured within a reasonable time.
• Precedents exist where the Supreme Court has dismissed cases due to prolonged non-compliance with defect rectification requirements.

Why This Is Important:

• Filing an IA puts pressure on the government to either cure defects immediately or risk dismissal.
• If dismissed at this stage, the government loses its chance to contest the High Court ruling, and you can proceed with enforcement.

Next Step: I will draft and file the application for dismissal immediately, ensuring the matter is brought to the Court’s urgent attention.

2. Closely Monitor the Supreme Court Registry for Defect Rectification

• If the government does not cure the defects within the next listing cycle, we can make a formal representation to the Supreme Court Registry and push for dismissal even without the need for a hearing.
• Many cases are rejected at the defects stage itself when the petitioner shows no urgency in rectification.

Why This Is Important:

• Keeping track of the SLP’s defect status is crucial to ensuring it does not suddenly get listed without your knowledge.
• Proactive monitoring allows us to take the next legal step at the right time.

Next Step: I will conduct a daily review of the Supreme Court portal and alert you as soon as there is any movement on the SLP.

3. Prepare a Strong Counter Affidavit in Case the SLP Gets Listed

• If the government eventually cures the defects and the SLP is listed for admission, we must file a detailed counter affidavit to ensure it is dismissed at the earliest stage.
• The affidavit will focus on:

  • The repetitive litigation tactics of the government.
  • The Supreme Court’s own 2019 remand order, which was duly complied with by the High Court.
  • The long delay in filing and curing defects, showing lack of merit and urgency.

Why This Is Important:

• A well-drafted counter affidavit increases the chances of the SLP being dismissed at the admission stage itself.
• It prevents the case from dragging into prolonged hearings.

Next Step: I will begin drafting the counter affidavit so it is ready in advance in case the SLP is suddenly listed.

4. File an Execution Petition to Enforce the High Court Judgment

• Since the SLP is defective and pending, we can take parallel action to enforce the High Court’s ruling by filing an Execution Petition before the High Court.
• This puts additional pressure on the government to either comply with the High Court ruling or actively pursue their defective SLP.

Why This Is Important:

• It prevents unnecessary delay tactics from the government.
• It strengthens your position by showing that the High Court judgment is final and enforceable.

Next Step: I will draft and file the execution petition to ensure the enforcement process begins without delay.

Why Immediate Action Is Necessary

• Every day that passes without action increases the risk of sudden defect rectification and listing of the SLP.
• 
  Delays work in favor of the government, which may be using procedural loopholes to avoid enforcement of the High Court’s decision.
• Taking proactive legal steps ensures that you remain in control of the case and that your rights are fully protected.

Why You Should Engage Me for This Case

• 
  Immediate Action: I will file the IA for dismissal of the defective SLP at the earliest, saving you from prolonged litigation.
• 
  Continuous Monitoring: I will track the SLP status daily and inform you of any changes.
• 
  Strategic Representation: If needed, I will draft a strong counter affidavit to ensure the SLP is dismissed at the admission stage.
• 
  Enforcement of Your Rights: I will file an execution petition to ensure the High Court ruling is implemented without further delay.
• 
  Cost-Effective Approach: My strategy ensures minimal litigation costs while maximizing your chances of success.

Let’s take immediate action to get the defective SLP dismissed and enforce your High Court order. Contact me today to proceed.

For Further Consultation,

Contact/WhatsApp No - Nine Five Nine Two Five Zero Zero Zero Six Eight 

As you know that the Court cannot make a decision without first informing the caveator. It safeguards the caveator's right to be heard in court. Now, the Govt. has already filed the SLP against the judgement passed by the High Court, however, the defects are not cleared since almost 8 months. In any case, caveat have a limited shelf-life of 90 days. 

If the defects are not removed within 28 days, an application seeking condonation of delay in refiling has to be filed along with the SLP. Once the defects are removed, the SA sends the SLP to the branch officer (BO). This process is called verification. At this stage, the BO scrutinizes whether the case is in order and prepares an office report which also states whether any other identical or similar case is pending before the Supreme Court. He also enters the section or provision of law which the SLP is concerned with. The Registry checks if a caveat has been filed. The AOR has to serve the caveator and give proof of service to the Registry, in order for the SLP to be considered defect free. Once the Branch Officer is satisfied that all defects are removed and that the SLP is in order, he registers the case i.e. he enters the details of the SLP on his computer.

A defect free SLP is listed by the listing branch typically within 1 week.

Also, please note that anytime soon the SLP (with defects) will be listed. If the defects are not removed till 90 days from the date of communication of the defects, the matter shall be listed with Office Report on default before the Hon'ble Judge in Chambers for appropriate orders and then the matter may be dismissed in default (in non compliance of removing defects). 

The case can also be reopened after the SLP is dismissed in default, after filing the restoration application (with condonation of delay application). Detailed discussion is necessary with complete documents. 

You may contact my secretary to connect with me for clarification. 

Gopal Verma

Advocate-on-Record

Supreme Court of India

The caveat petition is valid only for three months hence you may continue to file caveat petition immediately after three months so that supreme court is not pressurised to pass any interim stay order against you in your absence.

In the meantime you may file an execution petition to execute the court order before the execution court.

- Without removing the objections the matter will not be listed for hearing before the Justice of Supreme Court 

- Further , the validity period of caveat petition is limited to maximum 90 days from the date of filing 

- If you have already filed the caveat petition after passing the 90 days then you will be informed at the time of hearing the matter by the Court. 

Since the government’s SLP against the High Court judgment in your favour has numerous defects (15 in total) and has been pending without rectification for eight months, your next course of action should focus on ensuring that the defective SLP is not entertained by the Supreme Court. As the SLP has only been assigned a diary number, it has not yet been registered as a regular case, which means it is still at a preliminary stage. You should closely monitor the defect status on the Supreme Court website. If the defects remain unrectified, you can file an application seeking dismissal on grounds of delay and non-prosecution, highlighting the petitioner’s negligence and lack of urgency. Since you already have a valid caveat in place, you will receive notice if the matter proceeds, so it is advisable to keep a strong legal response ready in case the court decides to hear the petition despite defects. Additionally, your advocate can consider mentioning the matter before the Registrar to seek early disposal, as defective petitions are often deemed abandoned if defects remain unrectified for a prolonged period. If the government rectifies the defects and the SLP is listed for hearing, you should contest it on merits, emphasising that the High Court has ruled in your favour twice and that the government has already had the opportunity to challenge the case when it was remanded in 2019. Would you like assistance in drafting an application for dismissal due to non-prosecution?

Thanks and Regards,
Advocate Aman Verma
Legal Corridor