D K KULUR Vs. INDIAN DRUGS

JUDGEMENT

(1.) In this application the following question arises for consideration : Whether an interlocutory application in any case before this Court made by a party/applicant, can be numbered and posted before the Court if a certificate of posting for having sent the application by post to the Advocate appearing for the opposite party is produced along with the application ?

(2.) The facts and circumstances in which the question arises for consideration are these : This is an interlocutory application filed by the petitioner seeking an interim direction against the respondents. It has been numbered and posted for orders. Learned Counsel for the respondents submitted that the application could not have been numbered and posted for orders before this Court, as copy of the application had not been served on him. The learned Counsel for the petitioner submitted that he had sent a copy of the application to the Advocate for the respondent by post under Certificate of Posting. Learned Counsel for the respondents submitted that he had not received the application by post also.

(3.) The certificate of posting was produced along with the interlocutory application evidencing the posting of a cover addressed to the learned Counsel for the respondents. Learned Counsel for the petitioner submitted that he had complied with the Rules which required the serving of a copy of the application on the learned Counsel appearing for the opposite party. In view of these rival submissions, the question set out above arises for consideration.