Supreme Court – Daily Orders
Satender Kumar Antil vs Central Bureau Of Investigation on 21 January, 2025
Author: Rajesh Bindal
Bench: Rajesh Bindal
1 ITEM NO.2 COURT NO.9 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 2034/2022 in MA 1849/2021 in SLP(Crl) No. 5191/2021 SATENDER KUMAR ANTIL Petitioner(s) VERSUS CENTRAL BUREAU OF INVESTIGATION & ANR. Respondent(s) [ TO BE TAKEN UP AT 2:00 P.M. ] Mr. V.N. Raghupathy, Advocate for High Court of Karnataka; Mr. Tapesh Kumar Singh, Advocate for High Court of Jharkhand; Mr. P.I. Jose, Advocate for Gauhati High Court; Mr. Arjun Garg, Advocate for High Court of Madhya Pradesh; Mr. Amit Gupta, Advocate for High Court of Delhi; Mr. Sanjai Kumar Pathak, Advocate for High Court of Meghalaya; Mr. Sibo Sankar Mishra, Advocate for High Court of Orissa,Mr. Abhimanyu Tewari, Advocate for State of Arunachal Pradesh, Mr.Somanadri Gaud Katam, Advocate for High Court of Telengana; Mr. Aaditya A. Pande, Advocate for the State of Maharashtra; Mr. Ankur Prakash, Advocate for the State of Uttarakhand; M/s Arputham Aruna, Mr. Debojit Borkakati, Advocate for the State of Assam, Mr. S.N.Terdol, Advocate for the State of Ladakh,Mr. Avijit Mani Tripathi, Advocate for the State of Meghalaya, Mr. Manish Kumar, Advocate for the State of Bihar,Mr. Mahfooz A.Nazki, Advocate for the State of Andhra Pradesh, Mr. Maibam N.Singh, Advocate for the High Court of Manipur, Mr. Prashant S.Kenjale, Advocate for the High Court of Bombay, Mr. Ajay Pal, Advocate for the State of Punjab, Mr. Gagan Gupta, Advocate for High Court of Andhra Pradesh, Mr. Nishe Rajen Shonker, Advocate for the State of Kerala,Mr. Suvendu Suvasis Dash, Advocate for the State of Orissa, Mr. Pradeep Mishra, Advocate for the State of Uttar Pradesh, Mrs. Swati Ghildiyal,Advocate for the State of Gujarat, Mr. Pukhrambam Ramesh Kumar,Advocate for the Government of Manipur, Mr. Abhay Anil Anturkar, Advocate for the State of Goa, Mr. Anupam Raina, Advocate for the High Court of Jammu,Mr. Sunny Choudhary, Advocate for State of Madhya Pradesh, Mr. Varinder Kumar Sharma, Advocate for High Court of Himachal Paradesh, Ms. K.Enatoli Sem, Advocate for State of Nagalanad,Mr. R.Ayyam Perumal, Advocate for State of Madras, Ms. Pallavi Langar, Advocate Govt. of Himachal Signature Not Verified Pradesh, Mr. Sameer Abhayankar, Advocate for Stae of Sikkim, Mr. Digitally signed by ASHA SUNDRIYAL Date: 2025.01.27 Aravindh S.Advocate of U.T. Pudducherry, Ms. D.Bharthi Reddy, 15:02:52 IST Reason: Advocate for High Court of Uttrakhand,Mr. Tapesh Kumar Singh, Advocate for High Court of Jharkhand, Mr. Gaurav Agarwal, Advocate for High Court of Patna, Mr. Aproo Kurup, Advocate for High Court of Chhatisgarh, Mr. Nikhil Goel, Advocate for High Court of 2 Gujarat, Mr. Amit Sharma, Advocate for High Court of Tripura,, Mr. Sandeep Kumar Jha, Advocate for State of Rajasthan,, Mr. Shailesh Mandiyal, Advocate for U.T. J and K, Ms. Surbhi Kapoor, Advocate for state of Goa, Dr. Monika Gusain, Advocate for State of Haryana,Mr. Shuvodeep Roy, Advocate for State of Tripura, Ms. Manish Ambwani, Advocate for High Court of Rajasthan, Mr. Kunal Chatterjee, Advocate for High Court of Calcutta, Mr. Rahul Gupta, Advocate for High Court of Punjab and Haryana, Mr. Aproov Shukla, Advocate for High Court of Allahabad, Mr. Nirnimesh Dubey, Advocate for state of Mizoram, Mr. Joseph Aristotle S. Advocate for State of Tamil Nadu, Mr. Vishal Prasad, Advocate for State of Chhattisgarh,Ms. Astha Sharma, Advocate for State of West Bengal, Mr. Raghuvendra Srivastava, Advocate for High Court of Karnataka,Mr. Rajiv Kumar Choudhary, Advocate for State of Telengana,Mr. S.N.Terdol,Advocate forState of Daman & Diu.Mr. T.G.N.Nair, Advocate for High Court of Kerala,Mr. Nishe Rajen Shonker, Advocate for State of Kerala, Mr. Arvind S.Advocate for state of Pudducherry, Mr. Mudit Gupta, Advocate state of Himachal Pradesh, Ms. Saroj Tripathi,Advocate,Ms. Enakshi Mukhopadhyay Siddhanta, Advocate for High Court of Sikkim, Mr. Shibashish Misra, Advocate for High Court of Orissa, Mr. Kumar Mihir, Advocate for the High Court of Manipur. WITH MA 2035/2022 in SLP(Crl) No. 5191/2021 (II) Date : 21-01-2025 These applications were called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL By Courts Motion For Petitioner(s) Mr. Sidharth Luthra, Sr. Adv.(AC) Mr. Akbar Siddique, AOR Mr. Karl P Rustomkhan, Adv. Mr. Suhail Ahmed, Adv. Mr. Mohd Osama, Adv. Mr. Mohammad Farman Ashraf, Adv. Mr. Shahzar Qureshi, Adv. For Respondent(s) Mr. Suryaprakash V Raju, A.S.G. Mrs. Aishwariya Bahti, A.S.G. Mrs. Shradha Deshmukh, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Ms. Sairica S Raju, Adv. Mr. Ritwiz Rishabh, Adv. Mr. Annam Venkatesh, Adv. 3 Ms. Priyanka Das, Adv. Mr. Udai Khanna, Adv. Mr. Mohd Akhil, Adv. Mr. Padmesh Mishra, Adv. Mr. Tacho Eru, Adv. Mr. Vatsal Joshi, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Pradeep Misra, AOR Mr. Pai Amit, AOR Ms. Pankhuri Bhardwaj, Adv. Mr. Kushal Dube, Adv. Mr. Abhiyudaya Vats, Adv. Ms. Devina Sehgal, AOR Mr. Mohd Ashaab, Adv. Mr. Nikhil Jain, AOR Mr. Arjun Garg, AOR Ms. Kriti Gupta, Adv. Ms. Sagun Srivastava, Adv. Mr. Saaransh Shukla, Adv. Mr. Suvendu Suvasis Dash, AOR Mr. Srisatya Mohanty, Adv. Ms. Swati Vaibhav, Adv. Mr. Nabab Singh, Adv. Mr. Ramesh Babu M. R., AOR Mr. Avdhesh Singh, A.A.G. Ms. Prerna Dhall, Adv. Ms. Karishma Rajput, Adv. Mr. Gopinadh Mr, Adv. Mr. Rajyavardhan Mall, Adv. Mr. Prashant Singh, AOR Mr. P. I. Jose, AOR Mrs. Mary Scaria, Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Santhosh K, Adv. Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv. Ms. Mrinalini Mukherjee, Adv. 4 Mr. Rajiv Kumar Choudhry , AOR Mr. V. N. Raghupathy, AOR Ms. Mythili S, Adv. Mr. Gagan Gupta, AOR Mr. Ahanthem Henry, Adv. Mr. Ahanthem Rohen Singh, Adv. Mr. Mohan Singh, Adv. Mr. Aniket Rajput, Adv. Ms. Khoisnam Nirmala Devi, Adv. Mr. Kumar Mihir, AOR Ms. Astha Sharma, AOR Mr. Simranjeet Singh Rekhi, Adv. Ms. Muskan Surana, Adv. Mr. Sanjai Kumar Pathak, AOR Mrs. Shashi Pathak, Adv. Mr. Arvind Kumar Tripathi, Adv. Mr. Ajay Pal, AOR Ms. Rashmi Nandakumar, AOR Ms. Yashmita Pandey, Adv. Mr. Vishal Prasad, AOR Ms. Asmita Singh, AOR Mr. Abheet Mangleek, Adv. Mr. Tushar Nair, Adv. Mr. Anirudh Anand, Adv. Mr. Punishk Handa, Adv. Mr. Abhay Anil Anturkar, Adv. Mr. Dhruv Tank, Adv. Mr. Aniruddha Awalgaonkar, Adv. Ms. Surbhi Kapoor, AOR Mr. Sarthak Mehrotra, Adv. Mr. Bhagwant Deshpande, Adv. Ms. Subhi Pastor, Adv. Mr. Prashant Shrikant Kenjale, AOR Ms. Srishty Pandey, Adv. Ms. S. Soorya Gayathry, Adv. Mr. Parth Awasthi, Adv. Mr. Pashupathi Nath Razdan, AOR Mr. Nirnimesh Dube, AOR Mr. Mahfooz Ahsan Nazki, AOR 5 Mr. Manish Kumar, AOR Mr. Ravi Shanker Jha, Adv. Mr. Sameer Abhyankar, AOR Mr. Rahul Kumar, Adv. Mr. Aryan Srivastava, Adv. Mr. Aakash Thakur, Adv. Mr. Yashvardhan, Adv. Mr. Apoorv Shukla, AOR Mr. Aman Panwar, Adv. Mr. Akash Panwar, Adv. Mr. Shivansh Saxena, Adv. Mr. Anuj Sehrawat, Adv. Mr. Mudit Gupta, AOR Mr. R.Basant, Sr. Adv. Mr. T. G. Narayanan Nair, AOR Mr. Manish Nair, Adv. Ms. Samyuktha H Nair, Adv. Mr. Maibam Nabaghanashyam Singh, AOR Ms. Pallavi Langar, AOR Ms. Pragya Bhagel, Adv. Mr. Sujeet Kumar Chaubey, Adv. Mr. Rahul Gupta, AOR Mr. Sarthak Raizada Ga, Adv. Mr. Sarad Kumar Singhania, AOR Mr. Jitendra Kumar Tripathi, Adv. Mr. Amit Sharma, AOR Mr. Dipesh Sinha, Adv. Ms. Pallavi Barua, Adv. Ms. Aparna Singh, Adv. Mr. R. Ayyam Perumal, AOR Mr. A. Renganath, Adv. Ms. Manisha Ambwani, AOR Mr. Anjuman Tripathy, AOR Mr. Ardhendu Pratap Swain, Adv. Mr. Chandra Vardhan Singh, Adv. Mr. Shishir Kumar Saxena, Adv. Mr. R.n. Pareek, Adv. Mr. Ankur Parihar, Adv. 6 Mr. Praveen Swarup, AOR Mr. Amit Kumar, Adv. General, Sr. Adv. Mr. T.k. Nayak, Adv. Mr. Vikas Bansal, Adv. Mr. Daniel Lyngdoh, Adv. Mr. Avijit Mani Tripathi, AOR Ms. K. Enatoli Sema, AOR Ms. Limayinla Jamir, Adv. Mr. Amit Kumar Singh, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv. Mr. Shuvodeep Roy, AOR Mr. Deepayan Dutta, Adv. Mr. Saurabh Tripathi, Adv. Ms. Enakshi Mukhopadhyay Siddhanta, AOR Mr. Govindarajan J, Adv. Mr. Kaushik Choudhury, AOR Mr. Debojit Borkakati, AOR Mr. Varinder Kumar Sharma, AOR Mr. Sandeep Kumar Jha, AOR Mr. Shiv Mangal Sharma, A.A.G. Ms. Nidhi Jaswal, Adv. Mr. Saurabh Rajpal, Adv. Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv. Mr. Somesh Chandra Jha, AOR M/S. Arputham Aruna And Co, AOR Mr. Sunny Choudhary, AOR Mr. Apoorv Kurup, AOR Mr. Lokesh Sinhal, Sr. A.A.G. Mr. Akshay Amritanshu, AOR Ms. Himanshi Shakya, Adv. Mr. Nikunj Gupta, Adv. Ms. Pragya Upadhyay, Adv. Ms. Drishti Saraf, Adv. Ms. Aakanksha, Adv. Mr. Ashish Batra, AOR Mr. Ankur Prakash, AOR Mr. Anupam Raina, AOR 7 Mr. Nishant Kumar, Adv. Mr. Aravindh S., AOR Mr. Akshay Gupta, Adv. Mr. Aadithya Aravindh, Adv. Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Mr. Danish Saifi, Adv. Ms. Rooh-e-hina Dua, AOR Mr. Shrirang B. Varma, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Pukhrambam Ramesh Kumar, AOR Mr. Karun Sharma, Adv. Ms. Anupama Ngangom, Adv. Ms. Rajkumari Divyasana, Adv. Mr. Sudarshan Singh Rawat, AOR Ms. Rachna Gandhi, Adv. Mr. Guntur Pramod Kumar, AOR Ms. Prerna Singh, Adv. Mr. Dhruv Yadav, Adv. Mr. Aditya Jain, AOR Mr. Somanadri Goud Katam, AOR Mr. Sirajuddin, Adv. Ms. Swati Ghildiyal, AOR Ms. Deepanwita Priyanka, Adv. Ms. Devyani Bhatt, Adv. Ms. Srujana Suman Mund, Adv. Ms. Neha Singh, Adv. Mr. Abhishek Singh, AOR Mr. Tapesh Kumar Singh, Sr. Adv. Mr. Akshat Choudhary, Adv. Ms. Vishakha, AOR Mr. Mahesh Agarwal, Adv. Mr. Ankur Saigal, Adv. Mr. Anshuman Srivastava, Adv. Mr. Shashwat Singh, Adv. Mr. E. C. Agrawala, AOR Mr. Abhimanyu Tewari, AOR 8 Ms. Eliza Bar, Adv. Ms. Garima Prasad, Sr Adv, A.A.G. Mr. Shaurya Sahay, AOR Mr. Aditya Kumar, Adv. Ms. Ruchil Raj, Adv. Mr. Karan Sharma, AOR Ms. Aishwarya Bhati, A.S.G. Mr. Vatsal Joshi, Adv. Ms. Kanu Agrawal, Adv. Mr. Varun Chugh, Adv. Mr. Bhuvan Kapoor, Adv. Mr. Krishna Kant Dubey, Adv. Mr. Piyush Beriwal, Adv. Ms. Indira Bhakar, Adv. Mr. Harish Pandey, Adv. Mr. Rajesh Singh Chauhan, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Shashwat Parihar, Adv. Ms. Indira Bhakar, Adv. Mr. Vineet Singh, Adv. Mr. S.N. Terdal, AOR Mr. Malak Manish Bhatt, AOR Mr. Amit Gupta, AOR Mr. Kshitij Vaibhav, Adv. Ms. Muskan Nagpal, Adv. Ms. Vidushi Bajpai, AOR Mr. Mohd. Yasin, Adv. UPON hearing the counsel the Court made the following O R D E R
We have heard the learned Amicus Curiae, Sh. Siddharth Luthra, and the
learned counsel appearing for the respective parties.
The learned Amicus has filed the compliance report dtd. 20.01.2025 before this
Court after a detailed analysis of the Affidavits/Reports filed by the States, Union
Territories (for short “UTs”) and the High Courts, filed in pursuance of the directions
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passed by this Court vide earlier orders dtd. 11.07.2022, 03.02.2023, 21.03.2023,
02.05.2023, 13.02.2024, 06.08.2024 and 15.10.2024.
Certain additional directions were also issued by this Court vide order dtd.
15.10.2024 to all the States, UTs and the High Courts to make use of the Model
Affidavit filed by the High Court of Meghalaya to ensure compliance of earlier
directions in Para. F of the order dtd. 06.08.2024, so that an ‘Institutional Monitoring
Mechanism’ can be set in place to ensure full and complete compliance of not only the
earlier directions passed, but also of those directions that may be passed by this Court
in the future as well.
The learned Amicus submitted that in pursuance of this Court’s order dtd.
11.12.2024, all the concerned parties have reported either full or part compliance of
the directions issued by this court, except for the State of Mizoram (which has filed its
Compliance Affidavit way beyond the deadline given by this Court) and the UT of
Lakshadweep (which has merely refiled its earlier Compliance Affidavit dtd.
21.05.2023).
The learned Amicus has flagged off three broad issues for our consideration.
They are as follows :
(i) Release of Undertrial Prisoners (for short “UTPs”) on personal bond, based
on verification of AADHAAR Card.
(ii) Service of Notice under Section 41-A of the Code of Criminal Procedure,
1973 (for short “CrPC, 1973”) and Section 35 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short “BNSS, 2023”) is to be made in person, as
10contemplated under the statutes, and not through WhatsApp or other
electronic modes.
(iii) Whether sufficient steps have been taken by the High Courts to set in place
an “Institutional Monitoring Mechanism” in pursuance of the order dtd.
06.08.2024 passed by this court?
SUBMISSIONS UNDER ISSUE (i)
Under Issue (i), the learned Amicus submitted that in Para. 7 of its additional
Compliance Affidavit dtd. 14.10.2024, the NALSA has accepted and recorded the
suggestion of the Amicus regarding release of UTPs on personal bonds after
verification of their AADHAAR Card details and depositing the same in the
concerned Court, in cases where no application under Section 440 of CrPC, 1973 or
Section 484 of BNSS, 2023 has been preferred by the UTP, despite being informed
about their right to move such an application.
The learned Amicus also submitted that he seeks time to consult and deliberate
with the learned counsel for the NALSA about the feasibility of coming up with an
effective and efficient proposal for the release of UTPs on the aforementioned terms.
Hence, the said issue may be taken up on the next date of hearing.
SUBMISSIONS UNDER ISSUE (ii)
Under Issue (ii), the learned Amicus submitted and flagged off instances where
notice(s) under Section 41-A of CrPC, 1973 were sent to the accused through
WhatsApp, but the accused did not appear before the Investigating Officer(s). No
action was taken against such erring officer(s). He has brought to the attention of this
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Court a Standing Order dtd. 26.01.2024 issued by the office of the DGP, Haryana
which permits Police Officers to serve notices under Section 41-A of CrPC,
1973/Section 35 of BNSS, 2023 in person or through WhatsApp, e-mail, SMS or any
other electronic mode.
He further submitted that this Court in Satender Kumar Antil v. CBI & Anr.
(2022) 10 SCC 51, approved and upheld the judgment passed by the Delhi High Court
in Rakesh Kumar v. Vijayanta Arya (DCP) & Ors. 2021 SCC Online Del 5629,
wherein it was held that notice served through WhatsApp or other electronic modes is
not contemplated as a mode of service under Section 41-A of CrPC, 1973 (which is
now Section 35 of BNSS, 2023) since the same is not in accordance with Chapter VI
of CrPC, 1973 (which is now Chapter VI of BNSS, 2023) and hence cannot be treated
as a valid mode of serving notice under Section 41-A of CrPC, 1973/Section 35 of
BNSS, 2023. Hence, the police machinery must not circumvent the mandate of
Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 by serving notices through
WhatsApp or other electronic modes, instead of following the normal mode of service.
Reference is also made to Section 532 of BNSS, 2023 which states that all trials,
inquiries and proceedings under BNSS, 2023 may be held in electronic mode, by use
of electronic communication or use of audio-video electronic means. Even the
aforesaid section does not permit notice under Section 35 of BNSS, 2023 to be served
through WhatsApp or other electronic modes.
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SUBMISSIONS UNDER ISSUE (iii)
Under Issue (iii), the learned Amicus submitted that in order to ensure full and
complete compliance of not only the past, but also the future directions that will be
issued by this court, the Committee for “Ensuring the Implementations of the
Decisions of the Apex Court” of the respective High Courts will have to regularly hold
meetings to ensure compliance at all levels, and also ensure that monthly compliance
reports are being submitted by the concerned authorities.
DIRECTIONS
Having heard the parties and having deliberated upon the aforesaid submissions,
this Court in furtherance of Paras. 100.2, 100.8 and 100.9 of Satender Kumar Antil v.
CBI & Anr. (2022) 10 SCC 51, and its previous directions contained in earlier orders,
deems it necessary to issue the following directions :
a) All the States/UTs must issue a Standing Order to their respective Police
machinery to issue notices under Section 41-A of CrPC, 1973/Section 35 of
BNSS, 2023 only through the mode of service as prescribed under the CrPC,
1973/BNSS, 2023. It is made amply clear that service of notice through
WhatsApp or other electronic modes cannot be considered or recognised as an
alternative or substitute to the mode of service recognised and prescribed under
the CrPC, 1973/BNSS, 2023.
b) All the States/UTs while issuing Standing Orders to their respective Police
machinery relating to Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023
13must be issued strictly in accordance with the guidelines issued by the Delhi
High Court in Rakesh Kumar v. Vijayanta Arya (DCP) & Ors., 2021 SCC
Online Del 5629 and Amandeep Singh Johar v. State (NCT Delhi), 2018 SCC
Online Del 13448, both of which were upheld by this Court in Satender Kumar
Antil v. CBI & Anr. (2022) 10 SCC 51.
c) All the States/UTs must issue an additional Standing Order to their respective
Police machinery to issue notices under Section 160 of CrPC, 1973/Section 179
of BNSS, 2023 and Section 175 of CrPC, 1973/Section 195 of BNSS, 2023 to
the accused persons or otherwise, only through the mode of service as
prescribed under the CrPC, 1973/BNSS, 2023.
d) All the High Courts must hold meetings of their respective Committees for
“Ensuring the Implementations of the Decisions of the Apex Court” on a
monthly basis, in order to ensure compliance of both the past and future
directions issued by this Court at all levels, and to also ensure that monthly
compliance reports are being submitted by the concerned authorities.
e) We have taken note of the fact that the State of Mizoram has filed its
Compliance Affidavit way beyond the deadline given by this Court and the UT
of Lakshadweep has merely refiled its earlier Compliance Affidavit dtd.
21.05.2023. Hence, the UT of Lakshadweep must ensure compliance of the
earlier directions issued by this court and file a fresh Compliance Affidavit
within a period of 2 weeks from today.
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We make it amply clear that this is the last and final opportunity being given to
the UT of Lakshadweep to comply with the earlier directions, barring which the Chief
Secretary of the UT of Lakshadweep will have to remain physically present before this
Court on the next date of hearing, if the aforesaid compliance (i.e. Direction e) is not
made.
The Registrar Generals of the respective High Courts and Chief Secretaries of
all the States/UTs are directed to ensure that due compliance of the aforementioned
directions (except Direction e) is made within a period of 3 weeks from today, and
that the Compliance Affidavits be mailed within a period of 4 weeks from today to the
dedicated email address for this purpose at [email protected].
Needless to state, though the outer limit of 4 weeks for filing the Compliance
Affidavits has been granted, however the learned counsel appearing for the respective
High Courts, States/UTs and the Union of India shall ensure that the Compliance
Affidavits reach the learned Amicus Curiae well within the time granted by us. In case
of non-compliance, appropriate consequences would follow and the requisite orders
shall be passed on the next date of hearing.
Issue (i), as aforementioned, will be taken up on the next date of hearing.
List the matter on 18.03.2025 at 2 p.m. (ASHA SUNDRIYAL) (POONAM VAID) DEPUTY REGISTRAR ASSISTANT REGISTRAR