MONICA D LIMA AND ANR. Versus BENEDICTA MONTEIRO AND ORS. SHASHI BHUSHAN KUMAR (C.A. 13457/2024)

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Reading · C.A. 13457/2024

Case Record

C.A. 13457/2024

MONICA D LIMA AND ANR. Versus BENEDICTA MONTEIRO AND ORS. SHASHI BHUSHAN KUMAR

HON'BLE MR. JUSTICE R. MAHADEVAN

C.A.Appellate relief Civil appeals Delay

32 PDF renditions· 32 distinct judicial orders· 20 verified locally

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8Important Paragraphs
6Legal Principles
12Authorities
47Similar Cases

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What Happened

COURT NO.17 SECTION XII-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S). 13457/2024 MONICA D LIMA & ANR. Versus BENEDICTA MONTEIRO & ORS.. C.A. 13457/2024 in the Supreme Court of India, CNR SCIN010001122016. Status on the court record: PENDING. This page is written from 20 order document(s) downloaded for this case, dated 11 July 2017 to 23 July 2026.

On 24 October 2017 the order records: Learned counsel for the petitioners is granted four weeks' time to cure the defects pointed out by the Registry.
On 22 February 2018 the order records: Delay condoned. Application for setting aside abatement is allowed.
On 18 May 2018 the order records: Service is complete on respondent nos.5/1 to 5/3, 7/2,7/4,7/5 and 7/8 but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps alongwith fresh address to effect service on respondent nos.
On 13 November 2018 the order records: Service is complete on respondent Nos.5/4, 7/6 and 7/7 but none has entered appearance. The Ld. Counsel for the petitioner to take fresh steps for service of respondent No.7/3 within two weeks. Notice thereafter be issued.
On 23 January 2020 the order records: Neither unserved cover nor AD card has been received in respect of respondent no.7/3, as such, service is treated to be complete in terms of Chapter XV II Clause 7 of Handbook on Practice and Procedure and Office Procedure, 2017. Service is complete on all the three legal representatives of deceased respondent no.7/1 b
On 26 February 2020 the order records: Both parties are represented by the counsel. As per office report dated 18 th February, 2020, service is complete on all the L.Rs of deceased respondent no. 7/1 but no one has entered appearance so far.
On 24 April 2023 the order records: IA Nos.45410/2021 and 45412/2021 The legal heirs of the deceased respondent no.9 has applied for substitution with some delay which occurred due to Covid-19. The delay in filing the substitution application is condoned and the substitution application is allowed.
On 23 July 2026 the order records: At the request of learned counsel appearing for the appellants, two weeks' time is granted for bringing on record the Lrs. of deceased appellant No. 1. List after two weeks.

Issues Before Court

The orders on this record do not frame issues for decision.

Procedural History

11 July 2017. File not received. List the matter again on 18.08.2017.
18 August 2017. File not received. List again on 6.10.2017.
24 October 2017. Learned counsel for the petitioners is granted four weeks' time to cure the defects pointed out by the Registry.
22 February 2018. Delay condoned. Application for setting aside abatement is allowed.
18 May 2018. Service is complete on respondent nos.5/1 to 5/3, 7/2,7/4,7/5 and 7/8 but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps alongwith fresh address to effect service on respondent nos.
16 August 2018. Respondent no.7/1 expired. Appropriate steps be taken within four weeks time as last opportunity. Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos. 5/4, 7/3, 7/6 and 7/7 within two weeks time as last opportunity. Notices thereafter be issued.
13 November 2018. Service is complete on respondent Nos.5/4, 7/6 and 7/7 but none has entered appearance. The Ld. Counsel for the petitioner to take fresh steps for service of respondent No.7/3 within two weeks. Notice thereafter be issued.
28 January 2019. As prayed for, learned counsel for petitioner is granted four weeks' time to take steps in respect of deceased respondent no.7(i). (RACHNA) (SANTOSH KUMAR) SENIOR PERSONAL ASSISTANT
25 March 2019. Learned counsel for the petitioners wants time to do the needful. List next week.
1 July 2019. Process as per order dated 25.3.2019.
15 July 2019. As a last chance, further four weeks' time is granted to learned counsel for the petitioners to take fresh steps for service on respondent Nos.7/1 and 7/3, failing which the special leave petition qua respondent Nos.7/1 and 7/3 shall stand dismissed for non-prosecution without further reference to the Court. (TUSHAR BI
25 October 2019. IA Nos.117466/2019, 117469/2019 & 117474/2019 Issue notice.
23 January 2020. Neither unserved cover nor AD card has been received in respect of respondent no.7/3, as such, service is treated to be complete in terms of Chapter XV II Clause 7 of Handbook on Practice and Procedure and Office Procedure, 2017. Service is complete on all the three legal representatives of deceased respondent no.7/1 b
26 February 2020. Both parties are represented by the counsel. As per office report dated 18 th February, 2020, service is complete on all the L.Rs of deceased respondent no. 7/1 but no one has entered appearance so far.
24 April 2023. IA Nos.45410/2021 and 45412/2021 The legal heirs of the deceased respondent no.9 has applied for substitution with some delay which occurred due to Covid-19. The delay in filing the substitution application is condoned and the substitution application is allowed.
9 May 2023. Respondent nos.1 to 4, 8 and 9(i,ii) are duly represented. Service is complete on respondent nos.5(i-iv), 6, 7(i)(i iii) and 7(ii-viii) but none has entered appearance.
28 November 2024. Leave granted. Hearing expedited. List on 18.3.2025.
15 May 2025. List this matter in the week commencing 4 th August, (POOJA SHARMA) (ANU BHALLA)
7 August 2025. It is informed across the Bar that appellant No.1 has expired. Time is sought to bring her legal heirs on record. List after the legal heirs are brought on record.
23 July 2026. At the request of learned counsel appearing for the appellants, two weeks' time is granted for bringing on record the Lrs. of deceased appellant No. 1. List after two weeks.
Counsel named on these orders, not a complete vakalatnama, include the advocates listed below.

Advocates — Appellants: Mr. Prakshit P. Angadi, Mr. Dhanesh Ieshan, Mr. Ajay K. Dutta, Mr. Umesh P. Wadhwani, Mr. V. N. Raghupathy, Mr. Parikshit P. Angadi, Mr Parikshit, Mr. Manendra Pal Gupta, Mr. Md. Apzal Ansari, Mr. Parikshit, Mr. Varun Varma, Mr. Vishwanath P. Allannavar Advocates — Respondents: Mr. Tarun Gulia, Mr. Anantha Narayana M.G., Mr. R. Anand Padmanabhan, Mr. Romil Pathak, Mr. Shashi Bhushan Kumar, Mr. Anantha Narayana M.g., Mr. Romit Pathak, Ms. Ananya Mukherjee, Mr. Akshay Ravi, Mr Romil Pathak, Ms Ananya Mukharjee, Mr Akshay

Relief Sought & Granted

On 15 July 2019 the order records: 7/1 and 7/3, failing which the special leave petition qua respondent Nos.7/1 and 7/3 shall stand dismissed for non-prosecution without further reference to the Court.

The court record used for this archive still shows the case as not disposed. No final relief is added beyond the words of the orders above.

Subjects

Appellate relief Civil appeals Delay

Current position

PENDING · Latest recorded event 23 Jul 2026

Latest development

Latest recorded event 23 Jul 2026

Next hearing

23 Jul 2026

Important procedural note

Written only from 20 Supreme Court order file(s) for this case. No headnote or citation was added. 5 other files in the folder were left out.