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Friday, September 13, 2013

All about a 'missing' affidavit !

  • After LIC's SLP against Jaipur HC was dismissed on the ground LIC advocates
    Govt. is having high level parleys!
    could not show any apparent error on the face of the Jaipur HC judgment, SC gave an option to file a fresh SLP contesting the Jaipur Division Bench judgment. 
  • LIC grabbed the opportunity and filed a fresh SLP almost  the next working day of SC but without furnishing the mandatory affidavit in support of the petition properly attested and identified. Because of it, SLP was not numbered and the proceedings started. 
  • It is indeed a mystery why the affidavit was not furnished even after one month although they so promptly filed the fresh SLP. The one impression is that they have filed the fresh SLP for record purposes only but with no intention to proceed. 
Please click below to read more.
  • This is clearly a delaying tactics and clear misuse of judicial process.   Probably the SC may take a serious view of this and may not allow the SLP.  Our advocates should bring this to the notice of the bench when the proceedings start. They may also point out the earlier attempts by LIC advocates to cause intentional delay when LIC failed to serve notice to Central Govt. which our advocates did and filed the acknowledgement to SC Registry and again when the LIC advocates deliberately did not communicate the SC order to Jaipur HC which again our advocates did and such incidents.... 
  • Here we may also recall the observation of the Division Bench of Jaipur HC while dismissing LIC's appeal that "LIC is making a sheer misuse of judicial system by filing frivolous appeal and trying to dislodge the retired pensioners from their valid rights..".  
There is  hope that we may get a quick redressal of our legal grievances.

T.Sampath Iyengar, Bangalore