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DISPOSAL OF APPEALS, CROSS OBJECTIONS, MISCELLANEOUS APPLICATIONS, STAY APPLICATION AND REFERENCE APPLICATIONS AND DISPATCH OF ORDERS TO THE PARTIES
 

13.01

After the sitting of the Bench is over orders are recorded on the main file by the Bench duly signed by the Members who constitutes the Bench. The Court Master shall collect all the main files from the Presiding Member/Member and the folders from the other Members if any and place them together on the file. He will first segregate those cases which have been adjourned after hearing in part or without hearing.
He will check whether the order sheets are signed by all the Members and if so shall hand over these files to the Assistant Registrar the same day after making note of the further dates in his own diary and Register No. CEGAT-25 (Appendix-28). The files on which orders are to be dictated or were dictated in Court but have to be typed, will be handed over to the Private Secretary to the Member(s) concerned on obtaining his signature in a note book is to be maintained as per Appendix-29.

13.02 After taking down the dictation, the Private Secretary Personal Assistant of the Member has to type the orders as follows :-

  1. In terms of Office Order No 2/86, dated 24th February 1986 read with Order No. Nil, dated 30.11.84 (Appendix-30 & Appendix-31).
    1. Copies of final orders which are reportable should be taken an the photocopier. In other words, only one copy should be typed on the order sheet as indicated in following paras. The Member recording the order will indicate whether it is reportable or not.
    2. Copies of non-reportable orders should be taken by cutting stencils.
    3. Carbon copies should be made of the interim orders including the stay orders.
  2. The first order of the Bench should be recorded on the "opening order sheet" (Appendix-32) meant for the purpose which should be followed by a "continuation sheet" (Appendix-33). The number of the case in question should always be noted at the top of each continuation sheet.
  3. For recording of the final order (Appeals Reference Applications and Rectification Applications) the Final Order sheet (Appendix-34) containing specific columns regarding particulars of the case and the names of parties and their Advocates should be made use of which should be followed by as many continuation sheets as needed Each such sheet should bear the number of the case at the top, as prescribed above;
  4. All interim orders should be typed on 'green sheets' and number of copies of each interim order would depend upon the number of Members constituting the Bench. Normally, in case of Special Benches three copies i.e. (1+2) and in case of Regional Benches two copies i.e.(1+2) should be typed and the first or original copy should be placed in the first folder and them remaining copies in the second and third folders respectively of the Members concerned. As many more copies as are required are to be taken in plain paper whenever the Bench orders the supply of copies to parties.
  5. Stay orders should be typed on green sheets (the copy meant for signature) and five extra copies on plain sheets should be taken out in terms of Office Order No. 2/86, dated 24th February 1986 (Appendix-30)
  6. The first typed copy alone should be got signed by the Members and on the other copies, the names of. The Members alone should be typed or noted down for future reference;
  7. The Opening order sheet should be used for miscellaneous orders. Only once and thereafter "continuation sheet" may follow except in cases where the first order is the final order itself and in that case the "final order sheet" and the "continuation sheet" meant for the purpose may alone be used;
  8. Where the stencils are required to be cut for the purpose of getting the orders cyclostyled, the pattern in all cases should be the same as provided in the forms;
  9. In case an order has been passed on some interlocutory application seeking some interim relief, the number of such application should be noted down at the top of the order and duly underlined so as to indicate connection of that order with the application in question.