Court No. 4

Añadido: 2026-06-02

[00:00:26]Yes. I item number 23 and 24 my >> today's list we have but in 24 on last occasion my lord on 2012 2026 we have withdraw theatama with a prayer to strike up our names. So my lord there is a direction in that case but still our name is showing my lord.

[00:00:52]So my prayer to uh strike up the names of the earlier sets of council and there I contacted the appelance minor they informed that by today or tomorrow they are going to engage the under the states of advocate minor.

[00:01:08]>> What is your 24?

[00:01:09]>> Uh your good name?

[00:01:10]>> My name is SK Nagis man. In our case >> you are there name is shown in IIA then the criminal appeals both appeals isn't it >> both appeal but in 24 this regards to item number 24 >> 24 only >> only >> 23 will be appealed [clears throat] >> 23 my lord we have filed an I'm still in that case my lord okay we have filed an I and this honorable court pass a direction to file an objection by the opposite party my lord he informed that he will file within a week to take up this matter on Monday next Monday 8 >> item 24 item 23 >> 23 both out of >> okay you'll be appearing in 23 >> yes >> but your you want your name to be struck off from item 24 >> okay then I is connect in connection with item 23 >> 23 item >> no you are therefore >> I'm finished >> for the for the state >> you'll be filing your objection Yes ma'am.

[00:02:11]>> I is for what? Suspension.

[00:02:13]>> Suspension sentences.

[00:02:15]>> Okay.

[00:02:17]So uh please write uh Miss SK Naris Council that she will be representing the appellent only in criminal appeal number 187 of 2025.

[00:02:43]She submits that on the last occasion there was an order for striking off our name from the elate councils in criminal appeal number 441 of 2024 but her name has still been reflected.

[00:03:03]She prays for her name to be struck off.

[00:03:06]She also submits that uh she has been informed by the appellent that she will be engaging separate set of councils in the matter.

[00:03:23]Next Mr. Further learned public prosecutor >> public >> additional public additional public prosecutor appearing for the state of books that he may be given a week's time to file objection to IIA criminal number 532 of 2026 which is an application playing for suspension of The sentence we post upon the applicant stop next name of Miss SK Nargis be struck off as the council for the appellent in criminal appeal number 441 of 2024 and the these matters be listed again >> 8th of June >> on 8th of June 2026.

[00:04:27]start in the meantime state may file an objection to the IIA so advised I'd like to mention item 29 is a matter I pray for an adjournment >> 29 >> 29 >> you are >> I'm the appalent >> you are the appalent >> yes >> why do why do you want adjournment >> uh my senior is out of station >> who is your senior >> uh MH Chri >> Mhm Chri Okay.

[00:04:56]>> Yes.

[00:04:56]>> Last time also same thing happened.

[00:05:00]It was had John on your prayer >> again today.

[00:05:11]>> My lord may fix it on next week. Any day >> you'll fix it but again he'll adjourn it again like that. He'll go on and on. Do you have any case?

[00:05:23]Yes.

[00:05:23]>> Is there any merit in the appeal?

[00:05:25]>> Yes.

[00:05:28]>> Marriage by force.

[00:05:30]Have you seen it?

[00:05:33]The the the girl has fine for divorce.

[00:05:37]Okay. And she says that this he tricked me. He said that you do something and all that to move to Kolkata to get a job. Once you went to the capital Okay. Who is for the other side? Uh >> I have taken consult from the other side.

[00:06:27]>> Uh who is that other side? Council >> Rupan.

[00:06:33]>> Rukhan. Okay. So when do you want it?

[00:06:37]When is he coming back Mr. Chani? um >> lordship on 15th of June.

[00:06:46]>> You're not sure.

[00:06:48]>> You're just seeking time like that.

[00:06:50]You're not sure.

[00:06:55]>> Okay.

[00:06:56]>> I'm not sure when he's coming back.

[00:06:58]>> Uh I'm not sure but >> Okay. Your good name.

[00:07:03]>> Uh Phil Chi. Sorry. El Chri.

[00:07:06]El Chi. Oh, T.

[00:07:10]Mr. TL Chri learned council for the appellent submits that he is led by Mohammed MH Chri L senior council.

[00:07:19]>> Yes sir.

[00:07:21]>> In the matter and since he's out of station he prays that the matter may have joined and listed again on 15th of June 2026.

[00:07:33]uh consider he also submits that he has taken the consent of the other side that is Mr. Ruk appearing for the respondent.

[00:07:42]Next par considering the above map said John who listed again on 15th of June 2026 with an understanding that the learned council for the appalent shall not seek further adjournment.

[00:08:00]Okay.

[00:08:01]Thank you.

[00:08:06]>> Right. Make it 16th Tuesday.

[00:08:09]>> Oppos to mention item number three employable to appear.

[00:08:20]>> Three means 3 to 13.

[00:08:22]>> Yes. Yes. 3 to 30 kilos is already this honorable has already uh one issue was and order 10 to 2025 was private opinion that this appeal are not maintainable of the fact that London single pass this orders in our power under the article 227 and accordingly the amigga security was appointed these issues are already hardship and things were already completed So Lord we are also by PKI he has also some personal difficulty.

[00:08:59]>> You are seeking adjourment on whose behalf is for the respondent four and five.

[00:09:05]>> Four and five item number three.

[00:09:07]>> What do you want?

[00:09:08]>> Any date?

[00:09:09]>> Any date means >> after a week or so.

[00:09:13]>> There are so many dates this year 2026.

[00:09:15]So many dates are there. Which date?

[00:09:17]>> Any day after a week. after.

[00:09:25]>> Can we fix our application?

[00:10:25]Item number 10.

[00:10:41]Yes.

[00:10:48]>> My something different and relying on the tech.

[00:10:56]>> Which item? Item number.

[00:10:57]>> It correct. Your your good name.

[00:11:05]What is your name?

[00:11:08]>> Okay.

[00:11:09]See, since adjournment is sort and all these matters have been clapped together and we are aware of the fact there's an administrative order.

[00:11:17]>> Yes.

[00:11:17]>> Of the honorable chief justice.

[00:11:19]>> Yes.

[00:11:20]>> Saying that this matter has been allotted to us.

[00:11:22]>> Yes.

[00:11:23]>> So let us have it sometime next week probably on Thursday.

[00:11:29]>> Uh parties should make make it convenient. We should not adjourn it for a long time.

[00:11:35]Say 11th of June.

[00:11:38]>> 11th of >> it's a hearing date.

[00:11:40]>> On that day we'll consider whether to segregate or decide separately and all that. Okay.

[00:11:46]>> First preliminary issue has to be decided thereafter the matter will >> all right. We'll see.

[00:11:52]11.

[00:11:55]In fact, fairness of domestic preliminary issues decided against the option to leave a meeting that was by that was reporting that it cannot be stolen.

[00:12:19]>> All right, we'll see. Yes, we'll just list it on that day.

[00:12:29]>> We understand that. We'll decide that on that day. Okay.

[00:12:33]Um please write uh parties are represented by the respective councils and has agreed to list this matter list these matters for admission hearing on uh 11th of June 2026 learned council Mr. FJ Mazuma appearing for appalent number appearing for the appalent appalent Hindrit appeal number 152 of 2024 suffix that this matter can be segregated since the issue uh is not similar with the rest of the appeals.

[00:13:17]So be that as it may the same will be considered at the appropriate time list accordingly.

[00:13:31]May please your lordship mention one criminal appeal for mistake lordship kindly short may be given >> what what matter >> criminal appeal >> appeal and you fresh matter >> no lordship it was uh listed on 2025 >> 2025 >> it's not a fresh matter >> what do you want it for listing for It's it's a it's a box of uh it's a box of matters.

[00:13:57]>> Fine. That's fine. It's you want it for hearing admission or what?

[00:14:01]>> For orders.

[00:14:01]>> For orders. Paper book is ready.

[00:14:04]>> Yes.

[00:14:06]>> All right.

[00:14:11]>> Basics.

[00:14:15]>> Admission. I took one.

[00:14:24]uh before I proceed with this matter in a similarly situated case appeal we had filed recently on the same grounds meal and on the same set of facts me before this honorable court under section 49 of the PBP act that is prohibition of dynamic property transactions act here malord a coordinate bench of this honorable court had already decided the questions of law that we are raising in this current appeal has already decided in that appeal. So we pray humbly my lord that this current appeal can also be made fairly covered by the judgment and order passed by this honorable court. Kindly lordship may come.

[00:15:05]>> We have next you have annexed that.

[00:15:07]>> Yes.

[00:15:08]If my may kindly come to page 125 of my bill >> 125 >> ITA 1 to 26 you say is covered by this judge.

[00:15:23]>> Yes ma'am. Because the appealant in ITA 1 are all these are all phenometers. The current appeal is also one of the benameters. So the present state of appeal was filed against a similar impion order wherein a review was allowed a review was allowed by the app tribunal by not confirming itself to the statutory norms and the requirement under order 47 section 114 of CPC and my lord uh also ignoring the aspect that under order 47 rule one there is an explanation that if an order of this court or any decision of the court has been rendered ed by a court and a question of law has been framed subsequently the same decision if it is altered or modified by different court or a superior court malot that cannot be a ground for review because the law has already been malot framed by the earlier court. So by ignoring explanation one of order 47 this review the impionium order was passed. So we approached this honorable court by saying that order was wrong my lord and there were other coordinate malot there were other malot judgments of the honorable aex court which was already holding the field that my lord the court cannot proceed by reviewing this order ignoring explanation why 47 and one lo may come to the operative part of this order if I may review was s review of which order >> the current impume order that we are challenging before your courtship my lord has been passed by the honorable affiliate tribunal in New Delhi my lord >> right >> so a similar >> allowing review >> allowing the review filed by the income tax department >> right which order was reviewed what was that order that was >> the original order which was reviewed >> was the order which was passed by the authorities for proceeding against us under the act issue was before the authority was that my lord this act was in fact amended in the 2016. The Benami Act was amended in the year 2016. A major amendment was brought to this act of the year 2016.

[00:17:34]And while amending this act, there were some provisions which made in which introduced certain penal provisions and enlarged the definition of benamit transactions which was missing in the earlier act. Now the amended act also incorporated the aspect that the amended portion will be given a retrospective effect. Now this application of retrospective effect the amended provision was challenged before the honorable Supreme Court. Now honorable Supreme Court in one important case manag which is a very much part and parcel of this particular issue that we're raising today has observed clearly that you cannot give application to penel provisions by applying it retrospectively. Meaning thereby all transactions that had taken place prior to 2016 all benefit transactions. So those benami transactions cannot be brought under the purview of the amendment act because it violates clearly article 21 of the constitution because at that time prior to 2016 any penami transaction that has taken place because there was no law at that time to hold such transactions as pami malo so supreme court in >> so so the law was brought that it will it'll apply retrospectively.

[00:18:45]>> Exactly.

[00:18:46]>> And a court said that it cannot apply prospectively.

[00:18:49]>> It can apply retrospectively prospectively. apply it prospectively >> prospectively.

[00:18:54]>> So now >> cases my whatever transactions they have identified income tax department where all of the year prior to 2016 it was in 2015 a search and seizure was conducted in the search and seizure I was one of the person who was not found to be connected with one the major accused person who was the official owner. I was one of the bamidars.

[00:19:19]>> You were the opposite party in the review petition.

[00:19:22]>> I was the opposite party review petition.

[00:19:23]>> Review was allowed.

[00:19:24]>> Review was allowed. So >> against that you have come.

[00:19:26]>> Yeah. I have come against that and now my lord today also I'm one of these denometers here >> and today my because this honorable court has already dealt with that issue in accordance bench of this court which I have just submitted.

[00:19:40]>> Right. See I think you your case basically is that you're covered by this judgment.

[00:19:44]>> Yes ma'am. Basically covered by judge.

[00:19:45]>> No. So if the opposite this has come for the first time >> today has come for first time >> will issue notice >> let the opposite party also examine and say what >> one aspect is there the difficulties as the coordinate bench has already decided on the very first day when the the other appeal was decided we have a pending proceeding which is pending in the appate tribunal in New Delhi if she is pleased to proceed with this matter and examine whether this is applicable or not in my case the bud then I'll pray humbly to stay the procedure which is pending before the court in before the appate court in New Delhi.

[00:20:21]>> What is that matter?

[00:20:22]>> That is the matter which has reopened >> after that review.

[00:20:25]>> After the review because again Supreme Court came and the income tax department filed an appeal filed a review of the original Supreme Court order that is gunp reviewed by the income tax department.

[00:20:37]There what Supreme Court did on a very technical ground said that since the constitutional validity of the provisions was not put to challenge that is provision of application of that particular law whether it should be applied prospectively or retrospectively. So the court allowed the review of its own order.

[00:20:55]>> Okay. Then >> allowed the review meaning there it did not basically completed the case but the case is still pending before honorable >> still pending >> and gave the liberty to the authorities in department. then you can go ahead and file reviews in your respective cases that is pending in your uh >> codes. So that is why this comes department they file a review.

[00:21:18]>> At what at what stage at what stage did the AEX court say that it cannot be applied retrospectively? It was an interlocatory order >> or a final order that aspect is still under examination. court only said honorable Supreme Court only said that the constitutional validity of that particular provision which speaks of application was not challenged. So >> no that came later on >> before that court say that it cannot apply retrospectively.

[00:21:46]>> Okay that is >> by by which order >> by was it not a final order?

[00:21:50]>> Yes supreme court has a final order.

[00:21:52]>> It was a final order. That is the ground why my lord this honorable court has intervened as set aside the order of this tribunal because that is already a law has taken place my lord my lord the earlier order of my kindly come to this order my page 136 my lord I'll just read this as paragraph 19 may Yes.

[00:22:24]>> The other issue that has to be decided as to whether the finality given by given to the issue by order dated 1712 2022. This was the order passed in my favor by setting aside the earlier proceeding which had been made on the basis of the judgment. This is the judgment I'm referring to. 23A 2020 passed in Union of India another versus Gpati Dilcom reported in search and charge which regard to the alleged binami transactions that had allegedly entered into by Pip Kumasa with appelance on the basis of a search and seizure operations that had been conducted prior to the amendment of the act of 2015 could not be reopened in view of the review of the earlier honorable Supreme Court judgment being allowed by the subsequent order dated 18 10 2024 of the Supreme Court in union of India versus so and so Gandhi Dilcom in reported in 2024. Thus, the question of law data to be decided are as follows.

[00:23:14]Whether the learned tribunal acted illegally in allowing the review petition on the basis of liberty granted by the Supreme Court without examining whether such liberty could override statutory limitations under section 114 read section order 47 and section 40f of the BPD act. Whether impug order allowing review application is in it of the express bar set forth in explanation in rule one of order 47. As can be seen from the order dated 1910 2024 passed in the review petition that is union of India versus Gpati Dilcom reported in such and such the honor the union of India had been granted the liberty to seek a review of the order dated 7122 passed by the learned tribunal. However, in the case of KL Ratimal, this is important. Supreme Court while considering its other judgments such as Subramanyam Swami reported in such and such and so so and so reported in such and such has held that in terms of explanation to order 47 rule one if the decision on a question of law on which the judgment of the court is based is subsequently reversed or modified by subsequent decision of superior court.

[00:24:21]In any other case, it shall not be a ground for review of such judgment.

[00:24:27]Therefore, even an erroneous decision meal cannot be a ground for a court to undertake a review and that change in law or subsequent decision or judgment of a coordinate bench or larger bench by itself cannot be a ground for review. In paragraph 57 and 58 of the judgment of the honorable Supreme Court in cases of KL Daki are reproduced here in below as follows. Malot this court in Summany Swami reported in such and such has read the explanations as follows. Explanation to order 47 rule one of the code of civil procedure provides that if the decision on a question of law on which judgment of the court is based is reversed or modified by a subsequent decision of a superior court in any other case it shall not be a ground for review of such judgment. This does even an erroneous decision cannot be a ground for the court to undertake review as the first and the foremost requirement of entertaining a review petition is that the order review of which a sought >> I think that's sufficient madam >> then you come to paragraph 26 that is the decision >> yes the answers >> what do you what do you say madam >> there are two three graphs firstly the instant appeal is not maintainable in its present form >> right >> reason being the impuged order which is there in the instant case though it is a common order they were passed in two separate appeals but the instant ITA has been filed as a common ITA the the case numbers the appeal numbers are different if I may take your lordships to page number 24 >> the you're saying the applicant has applicant has resorted to two in Do you know on appeal >> lordship? There are basically two appalences before the appellet tribunal at New Delhi. One was case number 928 of 2019.

[00:26:25]>> And the second appeal was 978 of 2019.

[00:26:32]>> 978. But where is that?

[00:26:33]>> At page 28.

[00:26:36]>> 28.

[00:26:36]>> 24 and 28. These are the two orders.

[00:26:40]>> Okay. when the when the appeal was dis >> 978 is it >> yes lordship >> 978 and 928 >> 978/GW/209 >> 978 and 928 >> and 928 so these are two separate appeals okay >> so once the order is emanating in two different cases before this honorable court also two separate cases ought to have been filed this is the first round secondly lordship if I may take your lordships to page number 25 >> 25 Yes.

[00:27:14]>> What should the third last paragraph?

[00:27:18]>> It is however submitted. Has a lot of >> Yes.

[00:27:23]>> It is however submitted. This is the post of by the appellet tribunal. It is however submitted that the department has filed a review petition before the apex court in the case of union of India versus Gulpati deal private limited reported in 2022 SC online SC 1064.

[00:27:43]Does if the appeals are allowed after governing it by the judgment of the apex court in the case sutra liberty be given to the department to take the appropriate remedies in case of review of the judgment by the apex court. It may include a review petition before this tribunal. Now next page lordship the last paragraph.

[00:28:04]It is however made clear lordship the appeal was allowed and it was disposed of. It is however made clear that if the apex court reviews its judgment the respondent would be at liberty to take appropriate remedy persuance to it which includes filing a review petition before this tribunal.

[00:28:22]So could the judgment.

[00:28:25]>> This particular order is not under challenge and this order was uh duly passed in the presence of the appelllet.

[00:28:32]The liberty was given in their presence.

[00:28:34]They did not object to it. The same thing has also been recorded by the learned app for in order dated 107 2025 which was a batch of separate uh review petitions. The order is at page 74. It starts at page 74.

[00:28:55]>> What is that? 74.

[00:28:57]>> Page 74. Lordship. Similar cases were decided by the applet tribunal. And on the basis of this order, the impuged order has been passed.

[00:29:09]Every single issue has been dealt in detail in this particular order dated 107 202.

[00:29:20]This is the appellet order is it?

[00:29:21]>> This is the appellet order. On the basis of this, the impute order has been passed. The issues in detail have been dealt with in this particular order.

[00:29:34]If I may take your lo to page 78 par five the sixth line of paragraph >> what is this order otherwise it's it's passed in the review or in the appeal >> it's it it's passed in the review >> in the review >> the review before the app >> okay so similarly there were other review petitions Yes Lord sir.

[00:30:05]>> And in the the order passed challenge in this particular application is the order of review passed in the other review petitions >> in the second batch >> and uh it is based on basically of this on on an extra 5.

[00:30:19]>> Yes ma'am.

[00:30:19]>> On this order dated 10725.

[00:30:22]>> So the tribunal said that no no there is no requirement of going to into the matter once again. The issue has already been dealt with by this order since 725.

[00:30:34]>> Hence the review order is very short.

[00:30:37]>> My order at page 72 kindly come the point which my learned friend is raising that why I have not filed two separate appeal because of this reason because a common order was passed in page 72 maybe ground obviously but it's a technical she's saying but it was a common order for to appeal to the trial >> in normal circumstances also like we have common judgments. Of course.

[00:31:00]>> So here the what my learned friend is saying that the basis of passing this order was the order that was issued in an another different case not relating to me on the same subject matter perhaps from page 74 onwards.

[00:31:14]>> But my my point is not on this matter.

[00:31:16]My we have a very different point that we're asking that whenever you are raising a ground of review you need to stay within the limits of 47 order and 114 and the explanation. Now when this review was reopened we have uh contended before the appeal authority that you cannot or could not have reopened the review because there's in fact no ground under the three ground that is given under order 47 that is error apparent number one is any additional new discovery of facts or materials number two error apparent on the face of the record and number three any other reason. Now that is why explanation one comes into play my lord because explanation one comes into play that decision already taken by an honorable court under given facts and circumstances which my lord the material is placed before the court and subsequently if the decision is changed my lord that cannot change of decision is not a ground for review my lord we on a very limited ground the law has changed from A to B when it was at point A my lord the benefits that I need to have under the final order I have given I I have been given the finality and therefore at page uh 24 the appellet authority they themselves set aside the entire proceeding at page 24 in my appate order first order if lordship sees at page 24 the appellet tribunal taking into note the finality of the gunpati deal coming into its conclusion and saying that it cannot be applied retrospectively it has finally dealt with the matter >> was was given lordship. It was not dealt with finance.

[00:32:49]>> Giving is something different. If there was any apparent then they have to see and that is why my kale ratic case came into play. And one more judgment I would like to play for a coordinate bench of three judges who had passed the order of review in Gpati deal. Prior to that a three honorable judges bench of the same supreme court my lord has refused to enter and review and that is why our court has observed in the order that the coordinate bench of a of a prior time of equal strength because there are number of judgments if the court if if my lord orders are passed by same set of judges my lord then my lord this in your most or the the the judgment which is pride in time which is given earlier has to be given My lord relevance has to be given importance my lord and that is why that judgment which I'm relying upon is been reflected in the order kindly come to that order madam see page page 139 I understand >> yes madam at page 139 >> madam you also see you we will issue notice today we will not decide it just like that >> and we may be given an opportunity to file our written objection >> you file your objection ction when can you file?

[00:34:06]>> Lordship will try our best within 4 weeks.

[00:34:09]>> 4 weeks.

[00:34:10]>> Lordship. Lordship there is a similar proceeding going on before the Delhi High Court also and one decision has already been rendered by the Rajatthan High Court.

[00:34:19]>> That is all right. But we are concerned with our own high court. This ITA 1 of 2026 is already there. is concerned. As your Lord Chief has pointed out regarding issuance of notice, >> the Delhi High Court has also issued notice >> and while issuing notice, the court has stated till the matter is uh further heard, the court needs to stay the final decision to be rendered by the tribunal.

[00:34:44]Let the proceedings continue. However, no final order shall be passed in further order. This is the this is the auto pass by Delhi High Court in a similar case.

[00:34:53]>> May I just at page 139 paragraph 25 it has been clearly observed that may I just read once more as as can be seen from just is 107 in your case.

[00:38:02]Yes. Page 73.

[00:38:04]>> Page 72 is your order.

[00:38:06]>> Uh page uh 72 is my order.

[00:38:09]>> Yes. Page 73.

[00:38:11]>> 73.

[00:38:14]>> Yes. Mot.

[00:38:15]>> We cover the indication by the detail of N7.

[00:38:19]>> Yes. That is at page 74. It starts 74.

[00:38:23]Then at page 76 is the relevant parts.

[00:38:27]So what code did had relied upon this 107 2025 order at page 76.

[00:38:33]This was also rel the earlier round of litigation. This >> no no this is a completely isolated incident of some this one of it.

[00:38:51]>> Yes. Yes. Of course.

[00:38:52]>> That challenge it had also but we did not find it in the ordered.

[00:38:59]>> Yes ma'am. Yes. Yes. So this page 76 order was also very much part and parcel of that impuging order passed earlier my lord in this page 78 of this particular order. It clearly says that it is after noticing the judgment in case of Gpati is pending consideration on a review position before Apex and therefore both the parties consented that whatever issues are involved in the appeal be kept open while disposing of the appeal in light of the judgment supra. It was a consensual or paramed in that also I have uh one reservation >> page 13 I I'm trying to distinguish a little bit on that particular judgment and uh for my first submission on that judgment would be the income tax department has already taken steps SLP is in the process of filing >> that is in the Whatever it has been this will be done that will be all this will be taken from the earlier order of supports.

[00:40:28]>> Yes >> lot but SLP is in the process of filing lots in this matter.

[00:40:34]>> So bottom line is we'll issue notice you file your objection >> lot >> there'll be state I have Final order. No stay of the proceeding because the coordinate branch has already set aside the proceeding >> because even why a person to undergo process of there is a judgment of this >> correct bench.

[00:41:02]Yes m we have filed an IIA to that effect for granting us a stay for staying the entire proc for stay it's a requirement under law to file a separate I for stay it's the same ground we have taken in the main appeal just for separate I we have filed >> we'll pass a common order in the main disclos may be recorded that two separate appeals ought to have been filed Mr. Council for the This is what appeal.

[00:41:35]>> Yes, ma'am. I appeal.

[00:41:36]>> Appalent by the appellent.

[00:41:38]>> Yes, ma'am.

[00:41:40]>> Who submits that by filing this appeal under section 49 of the Benami transactions bracket prohibition amendment act for 2016.

[00:41:55]The appalance have challenged the common order dated 512026 >> passed by the appallet tribunal of New Delhi under the provision of dynamit property transaction act former 1988 as amended in respect of MP- PBP I'll repeat Okay. MP- PBT-938/ GW/ 2025 bracket reviewed MP- PBPT- 939/GWH/2025/ as within bracket COD. What is COD? That is a I I'm sorry my I'm not weded with close bracket in FBA PBT- 928/GW/209 >> and small Roman 2 bracket MP- PBPT-964/GW WH/2025 bracket MP- PBT 965/GW/2025/ bracket cood in FBA PBPT-978/GW/209 you'll get in page one Okay.

[00:44:01]The law council submits that the challenge made in the instant appeal is clearly covered by decision rendered by this quote in ITA number one of 2026 bracket Satya Saha and nine others versus of Union of India and three others rendered on rendered by order dated 301 1226 which is also enexed as an extra Roman six to the instead appeal.

[00:44:47]The council therefore summits that the dune orders may be set aside and pending final consideration.

[00:45:08]An interim order may be passed staying the order dated 512026 passed by the honorable tribun next at this stage miss your good name Dr. Pagarwal Dr. Awaren Council appearing for the income tax.

[00:45:42]>> Yes ma'am.

[00:45:43]department submits that the affantelence ought to have filed two separate appeals in view of the fact that there are two procedures involved namely FPA- PVP-928/GW WH/209 and FPA- PD3- 978/GW/209.

[00:46:32]However, for reasons best known to the appellent, they have filed one common appeal which otherwise would not be permissible.

[00:46:47]So she further subs that the order dated >> uh you are referring to that what with >> with the knowledge of the parties you said uh the what was that >> 107 2025 >> page >> page number 76 the order starts Uh >> the learned standing council further submits that the order dated 1072025 was passed by the tribal.

[00:47:27]Where is that observation? Uh paraphile page 78 sixth line it is after noticing that judgment in the case of Gpati is pending consideration on a review petition before the epics court and therefore both the parties consented that whatever issues are involved party >> not a party in that but on the basis of this order the order has been passed in the Huh?

[00:48:00]>> Lordship.

[00:48:00]>> How can their consent?

[00:48:02]>> Lordship. It is there in ours also. Page number uh page number 20 page number 25. They have never raised any objection when some other consented is criminal is imposing that order upon them. Their consent is not required. But there is no objection when liberty was sought as well. How could there be? They could not page number 25. Lordship >> absence of consens of consens >> there is no objection at all.

[00:48:38]>> Uh you you regard that particular order is not under challenge. All right.

[00:48:44]Just uh uh sir is that the order dated 51. I said no.

[00:48:50]>> Uh instead you write cancel that uh the order dated in the order dated 7122.

[00:48:57]It was clearly observed that if the appeals are allowed after governing it by the judgment of the AEX court in the case of Union of India and Nadav versus measures Gpati Dealcom Private Limited 2022 SEC online SC1064 Four department would be at liberty to take appropriate remedies in case of review of the judgment of the aex court. Mr. C submits that since the aex court has reviewed the earlier judgment the appellet tribunal was within its right to pass the impute order.

[00:49:56]Uh next par considering the above projection we are of the view that the matter requires to be further examined and therefore let notice be issued beable by 4 weeks.

[00:50:09]Miss Dr. Panal signing council accepts notice on behalf of >> respondent numbers 2 3 and >> respondent numbers 2 three and >> project 2 three and four >> 2 three and four while who is appearing for CGC no one finance department government of India appellent to take steps for service of notice upon the respondent number one by speed post within three or two days >> and I'll also serve an extra copy to the central government council >> extra copies we serve to the learned council for the respondents within 2 days then right have regard to the projection made by those epalites and also the fact that this court provide all the dated 31206 in ITA number one of 2026 has taken a decision.

[00:51:19]We deem it proper that further proceeding.

[00:51:27]We deem it proper that the operation of the common internal order dated 512026 be state till the next returnable date.

[00:51:35]The respondents will be obligated to file their objection to the instant of the so advised list again on s and so >> I'm highly >> then I you write uh in view of the inter model passed in the main the stands disposal >> my motor would continue I disposed I'm obligatory What? What is that?

[00:52:49]Oh shoot.

[00:53:30]Mr. Koshi, what is this? Uh, >> no. What? What section?

[00:53:35]>> I don't have the copy because >> Oh, you don't have Okay. Okay.

[00:53:41]>> There's a separate list for legal councils >> and also there's a list. We have but legal a council is there a separate list?

[00:53:50]>> There's a separate list >> separate notification for that.

[00:53:57]>> I think recently one publishment >> there is recently one published >> for legal council.

[00:54:03]>> Yes sir.

[00:54:04]>> Oh yes this is what it's called panel from panel with the photographs and all that. is the one final lawyer >> uh >> we have to appoint supposeding we are to appoint a legal aid council >> it will be different from the mic isn't it >> there are two list >> MIUS is different then legal aid will be from the panel lawyers there is a list for legal matter list Yes.

[00:54:44]And this matter is what?

[00:54:48]It's a popo matter.

[00:54:53]Please write down this is a appeal from jail filed by the convict/appellant against the order dated 2412 2025 passed by the special judge bracket law in special bracket poxo is number 57 of 2018 by which the appalent has been sentenced.

[00:55:30]The appeller has been uh convicted and sentenced to undergo rigorous imprisonment for 3 years for conviction under section 363 IPC and to pay fine of rupees 3,000 with a default clause.

[00:55:53]or further the appellent has also been sentenced to undergo rigorous imprisonment for 14 years for his conviction under section six of the PXO act and to pay final 6,000 with a default clause next let the appeal be admitted issue notice to the state as well as to the complainant public informal stop did I say call for TCR before that event at call for the TCR issue notice and uh Mr. For learned additional PP, Assam accepts notice on behalf of the state.

[00:56:44]Uh relevant papers of the jail appeal be furnished to him within two working days and the registry shall punish the office to be served to the informant of the complainant to the learned additional people.

[00:57:12]>> Yes ma'am. who shall thereafter cause service upon the address to the jurisdictional officer in charge of the police station.

[00:57:28]First stop of the officer in charge of the police station concern shall report back about delivery of the notice to the to the learned additional people.

[00:57:44]Thank you.

[00:58:06]Next we are going to council to present the electives and also appoint Mr. Abdul as a negative council present the public regarding information receiving notice if they don't appoint them then >> okay then you cancel the not request you're right only the legal only Okay.

[00:58:59]Within two or three weeks again on the ship of a PC.

[00:59:26]There's also we don't have here.

[01:00:04]Please write this is an appeal from jail referred by the country propellant against the judgment dated 271 2025 passed by the o of additional session judge. Come special judge bracket. Sit sag.

[01:00:31]In special bracket case number 13 of 2024 by which the appellent has been convicted under section six of the folks and sentenced to rigorous imprisonment for 20 years and to pay fine of fees 10,000 with a Next we appeal be admitted call for the TCR issued the office to the state as well as to the public MRI additional PS of state relevant papers he within working days. The registry shall also furnish the notice to be served upon the complainant public form in the proper for the addition. You shall thereafter post service of notice to the complainant public through the um jurisdictional police station.

[01:01:47]Stop the in charge of the police station consult shall report back about the office to the office of addition as the legal as the represent the registry shall furnish the relevant papers.

[01:02:17]within two or three days.

[01:02:20]This again on the PCR.

[01:02:36]>> Yes. May please your Lord seat. This is a bit peculiar case. What happen you'll not see but other side is not here.

[01:02:46]Salah is started.

[01:02:49]NIM >> NIM see your >> this is appeal against rejection of the bill.

[01:02:54]>> Rejection of the bill because proviso says like that the rules of the NIAS uh 21.

[01:03:02]>> So in such case appeal has to be filed isn't it?

[01:03:04]>> Yes you're not see >> so hence the criminal appeal. How what has happened last time that some objection was to be filed >> because one of the poor bench were he has already dealt in the lower court. I understand but nevertheless the NIF PP has to decide file the objection >> they have filed additional FDI we have received also >> who is appearing but where's the clear one >> from NIA when Mr. earier Satya Mr. Satya Naran was there subsequently on the last occasion.

[01:03:41]>> When did you receive the copy? The copy is not available with us.

[01:03:46]>> Few days back your lord.

[01:03:47]>> Few days back >> on 29th.

[01:03:52]We have gone through the objection. The general objection is there. But uh if the lordship will hear the matter, we are ready to argue the matter. But the problem lies other side is not present.

[01:04:04]>> The second problem is the objection is not on board.

[01:04:06]>> Okay. It is not on go to >> so what to do >> as your lordship please >> who is the council otherwise any any standing council any public prosecute of NI >> Mr. Satan.

[01:04:15]>> Satan. Okay. His name is I mean name is reflected somewhere.

[01:04:20]>> Yes. Your lordship in the >> date is there.

[01:04:32]Mr. Chi is there coming law and AP has been filed on Friday. Perhaps that is not on record lo that is what I have uh the instruction.

[01:04:45]So who will be appearing architect or the week?

[01:04:47]>> Architect or week.

[01:04:49]>> So when do we when do we list it?

[01:04:51]>> Uh this week. Uh not this week. Next week.

[01:05:03]>> Madam you have good names.

[01:05:05]>> M Kumari. Manura Kumari. M Kumari.

[01:05:09]>> Yes.

[01:05:10]>> But your name is also there. Yes, I have five name is not reflecting probably is very 12 years something.

[01:06:07]>> Okay. Then you refer to that as immediate.

[01:07:39]That's Miss uh please write Miss Dean LS for the city and submit that she has received a copy of The objection party responding we however see that the objection is not on record.

[01:08:42]Uh yes madam we have filed on 30 on Saturday >> I'm appearing on behalf of Mr. Chi appearing on behalf of Mr. Chi TSG submits that affidavit the the objection has been filed on well s >> 35 >> on 35 2026 >> 28 we have received on 28 >> but we are filing 30 >> to verify and connect the same to the recorder and list to list this matter again >> if convenient 12 12th of June If you're not seeking much obligation is convicted under section six of >> first time the first and he delayed there's no delay no so we'll admit it >> mr uh what sheet council for the appellent who suff is that uh this appeal is filed by the appellent against the judgment and sentence order dated 26 320 25 26 sorry I repeat 26 320 26 passed by the special judge Po Sonitasam in special PXO case number 143 of 2023 by which The fellant had been sentenced to undergo rigorous imprisonment for 20 years and to pay final rupees 10,000 with a default clause of let the app for the TCR office to the state as well as to the complaintive public involvement Mr. for taking some exception of the state registry to furnish. Oh no to furnish copy of the work within two working days.

[01:11:32]Registry shall furnish valid addition to the notice to be served to the informant of the complainant and the same shall be served component forward to the jurisdictional police station of the officer by police stations and thereafter report back about delivery of office to the office of the one I as Okay. On receipt of the PC then Mr. So and so learned council for the applicant who submitted that by filing this application.

[01:12:42]The applicant seeks suspension of the internal judgment and sentence dated 263, 2026. First in special bracket case number 143 of 2020 pending final consideration of the connected appeal motion issue notice remaining will be Mr. Bi will appear to be served.

[01:13:11]objection.

[01:13:12]>> Yes. The respondents may file an objection to the IIA.

[01:13:18]So against conviction section 302 sentence to life. Yes.

[01:13:43]Sentence part is page 47 there's no delay there is a role art minister as the progress council for the sub that the stand is directed against the judgment in Order dated 224, 2026 passed by the Garnet Commission of Sessions Judge Racket FC HR Sure in Sessions case number 8 of 2024 by which the opponent has been convicted under section 302 IPC and sentenced to uh imprisonment for life and to pay fine rupees 20,000.

[01:14:37]with the default clause.

[01:14:41]Next time that we app for the DCR notice to the state will be accept on behalf of the state.

[01:14:53]Therefore, no formal notice is required.

[01:14:55]Extra copy of the appeal will be punished to him within two or three days. Mr. Number two, who's that? Uh informant. Okay.

[01:15:06]uh also issue notice upon the respondent number two fragment to format returnable by 3 weeks repentant to take steps for service of notice by sweet post within three or two days the matter again once this year service. We've got the service report.

[01:15:38]Service support has been received paper already.

[01:15:54]for the employment.

[01:15:55]>> No, nobody is appearing appoint somebody.

[01:16:00]>> No, she that's fine. My meeting the conviction is in the section 6 and section 8. The paper book has already been given. I my lord earnestly urge that the l petition has all been pending. My lord there is no point in taking a bad very big shower because my lord so far has sentence of 3 years is already under and section 8 section six.

[01:16:38]So you say paper book is ready. You will hear it. will appoint somebody for the bail and early date may be given assuming sustainable 20 years I respect submit it may be a fit case for granting my no you have file the paid application separately.

[01:17:12]>> Yes. That is trending. Ever since that >> I I a lot of evidential even there was an admission by the companion that the there was a land dispute with the accused >> and that was also stated by some other PWA >> lordship.

[01:17:37]>> Uh when was it served? Yeah, espart submitted along with that 910 2025 that report may not from the inspector of police >> 910.

[01:17:51]>> Yes, with uh I would like to report that has been legally served. The foreign office is being returned from he has not said that was ser on this day.

[01:18:10]>> No on the Yes, it is not there. Her his signature is there and prior to that there's a RTI of Anoir Kon.

[01:18:28]I Mr. AC senior council appears for the app and submit that paper book has been duly received and that the pending real application may be considered.

[01:19:02]Stop. Miss Ba learned senior council and PPSM.

[01:19:08]>> Am submits that notice upon the complainant has been served and the officer in charge of Bahariad police station has reported back while this communication dated 9 10 2020.

[01:19:28]Is it 25?

[01:19:29]>> Yes ma'am. 25.

[01:19:33]>> None has entered it so far.

[01:19:36]>> He has also produced copy of the said communication.

[01:19:42]Stop upon peral of the same notices except to to be complete upon the complainant.

[01:19:50]Stop since no one appears for the complainant be.

[01:20:01]Mr. Abdul Karim Mazat as the legal aid council to represent the completed registry shall furnish Jim the paper book the copy of him the paper book within three working days.

[01:20:28]This the matter again I have not been uh I have not received a copy of the maybe officer's misplaced date uh paper book is not available at us can the direction be given to the next >> it can be given but uh you have been s perhaps So a copy of the paper book. No, don't write. Don't write. A copy of the paper book has been punished to L edition PP for his public card necessary use. Dated 128 12 52 26 >> by office maybe you you've misplaced it. Are you sure?

[01:21:15]>> I I I have not misplaced it. office might have they do >> might have >> might have served on us today that's why I'm submitting >> date it may be fixed for hearing >> I think you should check up with your office >> then >> if it's not they will pass necessary almost later go on there at least a date fixed No appear that is different for the purpose of bail that's in my >> that is there but the thing is that paperwork is ready is going to be appointed is already appointed then also >> you might as well hear the matter on that particular date may observe that if the minor hearing doesn't of you can take that is that observation lock it >> 24 mure is to fix it for hearing then are we up to >> normally what is done date is fixed or >> some cases dates are fixed ma'am >> and if they want to place for I then I leave it to lot >> since the paper book is ready matter may be and disposed of.

[01:22:48]>> Keep it open, man.

[01:22:50]Keep it open.

[01:22:52]It is done.

[01:22:58]Then we'll post it after two weeks then.

[01:23:01]All right. List the matter for hearing after two weeks on a date to be fixed by the regist office will finish the date.

[01:23:18]Let it be on two weeks 22nd.

[01:23:30]Okay. Not 22nd. We'll have it on 23rd.

[01:23:34]>> This is the matter for gearing on 23rd.

[01:23:36]No >> 19th >> 19th this is really M doctor's name is shown as an amicus.

[01:24:01]Nobody's appearing.

[01:24:05]What's >> the last order?

[01:24:09]>> Not completely.

[01:24:20]>> Oh, and doctor's name is shown. That's why he might have missed.

[01:24:25]Oh, okay.

[01:24:28]Am I guess NZ doctor's name is also not shown my lord in the cause list.

[01:24:35]>> Who is he?

[01:24:36]>> NJ doctor's name is not for who?

[01:24:39]>> R2 check.

[01:24:41]>> No NJ da appears for who?

[01:24:43]>> Maybe for R2 >> one Mr. N da is there am I?

[01:24:51]If he's there then question is what about the respond number two?

[01:24:57]>> Yes.

[01:24:58]Yes.

[01:25:03]>> Notice has been issued before that is miss Bora had appeared last night of construction.

[01:25:15]Yes. Oh We need to take sales then. I have no information and no papers available with me.

[01:25:32]None appears for the appalent when the matter is solved. Miss Bhan learned additional PP except appears for the state and seeks further two weeks time to uh inform the court about the status of the notice being sampled as part number two.

[01:25:55]This again after two weeks.

[01:26:30]Lo item number 19 instead of and name an be shown because is appointed as an amicus for that reason he's absent you the cause is shown as and doctor It should be what?

[01:26:48]>> NZ.com.

[01:26:49]Yes.

[01:26:51]>> Are you sure?

[01:26:52]>> Yes, ma'am. I have same records.

[01:26:59]>> U please write Miss B. Buy senior council and additional PP submits that uh in fact it is Mr. NJ DA who is the appointed Amayak's query and not Mr. M da considering the same name of Mr. Nj da be reflected instead of Mr. M da as the Amika's cury you just add this order okay somebody had taken Mr. I have taken item 19. This will be in addition to what he has already taken.

[01:27:34]Okay.

[01:27:40]20 ship although we took time to file objection why not not be file >> objection to what this >> is the IA4 >> I4 suspension of >> suspension >> file for suspension as motion Why you're asking him?

[01:28:09]>> No. No. Sometimes other people's like >> you're asking whether you have filed objection or not.

[01:28:15]>> Not me. Maybe some other council.

[01:28:17]>> Okay. Okay. Some others might have filed.

[01:28:20]>> You might not have say so. We have not.

[01:28:23]>> Okay. You have not received objection.

[01:28:25]Correct.

[01:28:26]>> Yes.

[01:28:28]>> You have not received or have you received? We have received the paper book you last but no objection filed you last year against the suspension.

[01:28:35]>> I'm not talking about paper book. I'm talking about the suspension. You have filed the application for suspension of sentence.

[01:28:42]Has the state filed objection to that?

[01:28:46]>> No, not yet. No. So >> shortly given >> all right paid for by Miss Brian L senior council and addition further how much? four weeks. Let me ask four weeks. I'll ask for two weeks.

[01:29:04]>> Two weeks time is granted to file objection to the IA objection.

[01:29:12]>> List again after 4 weeks. After 4 weeks, >> uh if the objection is not filed by the next date, uh court may consider to proceed in hearing the matter since the paper book is already ready.

[01:29:41]>> We'll file This an observation >> I'm there is no spending >> no maintenance spending >> no >> maintenance money you have paid money >> you have paid already >> already >> so I have something to say regarding IIA 58 Lordship. We have filed an application under section 25 of India act.

[01:30:16]>> Mr. Council, you are wearing two badges.

[01:30:20]>> Two badges members >> membership membership and Guy membership.

[01:30:25]>> Oh, separate >> membership of two.

[01:30:27]>> I thought one badge two two PC have got one for your friend one for you.

[01:30:30]>> I was shocked immediately pointed what has happened. I was shocked. I was submitting.

[01:30:37]Very sorry.

[01:30:38]>> It's it's shining. That's why I was wondering >> shining. Oh.

[01:30:42]>> Yes. So, >> so my humble submission is regarding permanent ele this this matter can be solved in mediation center >> mediation.

[01:30:52]>> Mediation. Yes.

[01:30:53]>> How much are you expecting?

[01:30:55]>> No, we are expecting 30 lakhs.

[01:30:57]>> 30 lakhs.

[01:30:58]>> 30 lakhs. But on negotiation it has been scaled to 20 10 10 lakhs. Order has been there. 27 to 26 order has been there.

[01:31:08]This road ship order is there.

[01:31:10]27 to >> 27 to 26.

[01:31:14]I'm not sure if there but they are not follow this.

[01:31:29]So you have scaled on from 30 to 10 lakhs.

[01:31:32]>> 10 lakhs. S >> opposite party says I can pay only five lakhs.

[01:31:36]>> Yes ma'am.

[01:31:42]Maintenance has stopped from December 2021. No maintenance is pending. Huh?

[01:31:46]>> Now pending now already mean >> no monthly maintenance.

[01:31:52]>> It means uh >> till this month >> it's a monthly >> monthly maintenance isn't it?

[01:32:00]So you have been paying regularly.

[01:32:01]>> Yes, I >> no area was there. So till that till that no area up to May last of May May 26 there is no area. So he used to pay in monthly was area of 140,000.

[01:32:15]>> So that has been already cleared.

[01:32:17]>> Clear >> last May mean uh yesterday I think last week last week he has cleared.

[01:32:23]>> So now we are on the permanent element.

[01:32:26]>> So if can be settled in the mediation because he is make an attempt.

[01:32:32]>> Yes ma'am.

[01:32:35]2.0 medi mediation is going on 2.0. No.

[01:32:40]So Aex code also is saying that try to >> Yes. Special matters >> send as many as case possible in mediation.

[01:32:47]>> Viation.

[01:32:48]>> Okay. Surf >> the learned council for the apparent submits that uh the respondent has cleared the area monthly maintenance and the issue now to be considered is as in regard to permanent alimony he therefore summits that the matter may be referred to be made referred for mediation so council for the opposite Party also agrees to the set only of above.

[01:33:21]Registry shall send this matter for mediation without further delay by notifying the parties concerned >> time next after how many 1 month >> they'll notify I said immediately not sure it will notice will come to the parties Very important.

[01:34:13]No TCR.

[01:34:17]What is this appeal? uh jail also jail like I don't have any papers >> anybody has been appointed >> yes ma'am KP is appointed >> he's not appearing it is seen that TCR has not arrived office to send a reminder to the child cer concept to send the TCR immediately.

[01:34:50]None appears for the opponent while missing council and PP appears for the state.

[01:34:59]Listen again of the DCR >> 25 opposition against IIA and TCR has arrived the paper book who appear who appears for the parent.

[01:35:27]>> This is not from jail isn't it?

[01:35:32]What about the number two?

[01:35:34]>> Number two, Miss Ash Sharma.

[01:35:37]She is appearing.

[01:35:41]>> You have the appalent.

[01:35:42]>> Yes, ma'am.

[01:35:42]>> Okay.

[01:35:45]>> You are there. Okay. Parties are represented by the respective councils and they submit that since the TCR has arrived, paper book will be prepared.

[01:35:54]Oh, of above. Office to prepare the paper book. Who will pay the cost of the paper book?

[01:35:59]>> Personal capacity not a jail appeal.

[01:36:03]>> Uh that's what >> Yes ma'am. Who who will prepare the paper book? Registry >> register to prepare >> and the cost of the >> submit the cost and the cost of them.

[01:36:11]>> Registry to paper prepare the paper book. Yeah. The cost of the appendent and thereafter list the matter for orders once the copy serve to the party's concern.

[01:36:20]>> What is this I >> or suspension of sentence? So anything to to be said in suspension >> may not be since my learned friend >> whatever deliberation is made not uh at this stage probably not facing the >> no no you said like let the paper book be prepared I don't know what would be a submission we have filed our objection >> you have filed >> yes >> it doesn't seem to be there >> 15 20,000 Very quiet.

[01:36:54]>> It's not here.

[01:36:56]>> Copy by sir.

[01:36:58]>> Copy is also ser >> copy sir but not filed.

[01:37:06]>> When did you file it?

[01:37:08]>> Lship. Uh 15 125. My learned friend has received it on 61 2020. 6.

[01:37:15]>> You filed on 15?

[01:37:16]>> Uh my junior has filed it on 15 125 but Mr. has received it on 61 which is 6 month before filing copies will verify status I right this is an application praying for suspension of the sentence imposed upon the applicant miss By senior council and additional PP submits that objection has been filed to the IIA on 15 125 and copy ser to the other side also. However, it is seen that the objection is not on record office to verify and connect the same to the record.

[01:38:07]This the matter again along with the criminal appeal.

[01:38:12]Yes.

[01:38:29]visual worship.

[01:38:30]>> Yes.

[01:38:30]>> Uh this is an uh IA in connection with the criminal appeal uh number 127 of 2025. Uh this is an IIA for suspension of sentence. Uh the uh the matter this matter is listed for the first time state by file and object file an objection.

[01:38:48]>> I is thicker than the main appeal.

[01:38:50]>> IA is thicker than the main appeal.

[01:38:52]>> Yes ma'am.

[01:38:54]>> Huh?

[01:38:56]There are more materials in the >> third Mr. P Majunar P Majunar Lan Council for the applicant who submits that by filing this application the applicant seeks suspension of the impute sentence imposed upon the applicant that notice the issue returnable by I checked the order sheets one Mr. Uh DK was appointed by >> in which case >> my this is item 26 >> in the criminal name.

[01:39:40]>> So he's not here. is not but wrong as soon the prohibition >> is for the appalent >> for the appalent >> perhaps because his name is shown from this side.

[01:40:11]So what is wrong that >> they check the office madam? No, he has appointed in the appeal order dated 24 1025 for not >> no to represent the accused >> appalent may not only find refused to concept to present matter.

[01:40:52]>> Yes. Yes. Your file for the cannot file only. You have to be done for the entire case.

[01:41:06]>> You cannot mic was mic was obtained but at the same time we have also filed the wakalatnama for the entirety of the matter.

[01:41:16]>> Yes. Then >> say you representing both of the Yes. So what do you want to do?

[01:42:09]What did I say last week?

[01:42:26]Mr. Additional PP except notice on behalf of the state.

[01:42:34]Extra copy.

[01:42:38]>> What is this box case? Oh, what is it? A box case.

[01:42:43]>> 302.

[01:42:53]The state may file the oblation to the IIA if advised.

[01:42:58]Next par. It is at this stage it may be seen that this court appointed an amitus car to appear for the app and provide order dated 24 2025 namely Mr. DK Baj stop the learned council for the applicant Mr. P Mojunga submit that he has been engaged only for the Mr. He shall therefore obtain instructions from his line as to as to whether he will be representing the appellent as well in the main appeal by the next day.

[01:43:46]Since there has to be proper coordination between the councils to represent the appellent list again after two weeks in the meantime for >> that was already called for in the not >> this order is in the I only criminal appeal we're not touching.

[01:44:16]because there's already an order for calling for the kiss.

[01:44:23]>> Maybe we can include that also >> since it is not coming. So >> in the main appeal you write uh since the TCR has not arrived office to send a reminder to the trial court consent to send the same immediately.

[01:44:41]List the matter again on the shape of the TC.

[01:44:54]Please your we have served uh to the respondent by way of dosty service and speed post also he received on 75 2026 dusty service lip we have filed a 12526 delay of 215 days >> where is the affidavit A feed.

[01:45:17]>> Okay.

[01:45:19]The next year.

[01:45:22]When did you serve?

[01:45:23]>> The next year one.

[01:45:25]>> Yes. What is the date from which you serve?

[01:45:28]>> Dusty service day.

[01:45:30]>> Yes.

[01:45:31]>> 75 2026.

[01:45:34]>> 75.

[01:45:35]>> 75.

[01:45:39]>> What is the name the respondent?

[01:45:42]Lucky.

[01:45:43]Lucky.

[01:45:45]Lucky cut 7526 phone number is also there.

[01:45:54]>> Phone number has been given is for condolation >> conolation of delay of 215 days.

[01:46:03]>> How much?

[01:46:03]>> 215 days. 15.

[01:46:06]>> Earlier there was a appeal file prepared by the respondent lordship that was disposed of lordship that was filed by him to he has come for reducing alimony among lordship during penency of that appeal. We have filed this appeal lordship and that appeal is dispersed three lakhs. Honorable court has directed to pay costship.

[01:46:37]Uh order is with millorip.

[01:46:42]>> Who had filed the appeal? Lucky >> lucky deca has earlier filed >> for reduction of the alimony. reduction of and we have filed enhancement of the alimony during dependency of that appeal lordship.

[01:46:54]>> Okay. So this IIA is for filing that enhancement for conding the delay in filing the enhancement >> lordship.

[01:47:03]>> Okay.

[01:47:05]What is to be done? He's not appearing >> but he has received lordship delay maybe lordship.

[01:47:14]Huh?

[01:47:15]>> He is well over >> husband has not come.

[01:47:20]Luck is the husband. So this is the first time he has come after you have served notice.

[01:47:25]>> Yes Lord.

[01:47:26]>> I think we should wait for one more date.

[01:47:29]Then short given >> maybe you want you will arrange somebody to appear on his behalf. Short date.

[01:47:37]>> We'll make an observation. He is not represented. We'll go ahead with the confir uh Mr. RB Bora Alan Council for the applicant such that the respondent has been served by way of dust as permitted by this court on 75206 and he has also given a signature as a token of receipt of the notice of she therefore subs that the delay of 215 days in filing the connected appeal may be condoned.

[01:48:11]Next par. No one appears for the respondent today and therefore we grant one more opportunity for the respondent to appear either personally or through his appointed council.

[01:48:31]Considering the fact that the respondent had also filed an appeal for modification of the alimony permanent alimony which was required which is required to be paid by him to the instant applicant.

[01:48:58]Next in view of above this again.

[01:49:02]What is this? What is this?

[01:49:04]>> Appeals order by has been.

[01:49:10]>> It's okay.

[01:49:12]>> But when is when is it going to be listed?

[01:49:15]>> Oh, this has been disposed.

[01:49:16]>> Disposed first.

[01:49:17]>> Oh, disposed already. That was And we have filed this appeal during pendency of that appeal.

[01:49:28]How it was disposed? Dismissed.

[01:49:30]>> Dismissed. Lo I said in view of the fact that so and so that not required that you that delete not required since the parent is not represented respondent not represent today. We we try to give one more opportunity for him to appear either personally or through his appointed council. Okay.

[01:49:56]List again give a date after 2 weeks on 24th 6 >> DP.

[01:50:02]>> Uh it is also made clear that if no one appears for the respondent on that date court may consider proceeding with the application for confiration DP.

[01:50:27]law and I has been filed for the condemnation of delay of 2 days in connection the matter pill >> matter appeal >> yes >> notice [clears throat] will you have to go >> only two days your honor may consider >> even if it's 2 days >> yes >> you have profile application.

[01:50:45]>> Yes.

[01:50:45]>> Even if it's one day, still you have to file application.

[01:50:48]>> That's it. Lots it.

[01:50:49]>> So let notice go. Let them come say they may not object after all.

[01:50:56]What we say brother ordinarily no one will object to this but let this let the formality be complete.

[01:51:06]>> Yes.

[01:51:06]>> Okay.

[01:51:08]>> Mr. >> DK Bordoy.

[01:51:10]>> DK Bordoy.

[01:51:11]>> Yes. Learned council for the applicant who submits that this application is filed seeking peration of two days delay in filing the connected appeal against the impute order dated 121 2025 passed in miss means miscellaneous bracket J case number 8 of 2025 by The principal judge family court number three.

[01:51:49]Next para issue notice September 3 weeks applicant to take steps for service of notice upon the age. So upon the how many respondent >> what only one >> then why do we write respondents >> upon the sole respondent? Yes. Yes.

[01:52:10]Typographical >> by speed post within 3 days list again on so and so >> respondent may file objection advice completed Yeah.