IN THE SUPREME COURT OF INDIA

ORDER XXII RULE 2(1)(a) of SCR, 2013
CIVIL APPELLATE JURISDICTION
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)
SPECIAL LEAVE PETITION (C) No. _____ OF 2024
(WITH PRAYER FOR INTERIM RELIEF)

IN THE MATTER OF:

KUSUM GUPTA

……PETITIONER

STATE OF U.P AND OTHERS

…..RESPONDENT

AFFIDAVIT

I, Vikas Kumar Pandey, Advocate, En._____/2019, usually practicing advocate of the Supreme Court of India, New Delhi, do hereby state and affirm as under:

1. That I am the drafting counsel in the present matter and hence competent to swear this affidavit.
2. That the content of the application for Condonation of delay in re-filing is drafted by myself and is true to the best of my knowledge, and no part of it is false.
3. That the content of Paragraphs 1 and 2 are true and correct.

DEPONENT

VERIFICATION

I, the above-named deponent, verify the contents of this affidavit from Paragraphs 1 to 3 from my personal knowledge, and the same is true and correct. Verified on this 30th day of May 2024.

DEPONENT

_________________________________________________________________________

Court and Case Details

• Court: Supreme Court of India
• Order: Order XXII Rule 2 1(1)a of SCR, 2013 (This likely refers to a specific rule within the Supreme Court Rules, 2013, dealing with civil appeals)
• Jurisdiction: Civil Appellate Jurisdiction
• Article: Under Article 136 of the Constitution of India (This article empowers the Supreme Court to entertain appeals against any judgment, decree, or final order in a civil case involving substantial questions of law)
• Case Type: Special Leave Petition (SLP) (C) No. [Number] of 2024 (With Prayer for Interim Relief)

Parties Involved

• Petitioner: Kusum Gupta
• Respondent(s): State of U.P and Others

Affidavit Details

• Deponent: Vikas Kumar Pandey, Advocate (Enrollment Number)
• Verification: The affidavit is verified by the deponent (Vikas Kumar Pandey) on May 30th, 2024.

Content of the Affidavit (Limited Visibility)

While the document doesn’t reveal the specific details of the case, the affidavit seems to be related to:

• A condonation of delay application (seeking court’s permission to file an appeal after the deadline)
• The content of the application being true to the best of the deponent’s knowledge.

Important Note

This is just a basic analysis based on the provided excerpt. For a complete understanding of the case and the affidavit’s purpose, you would need the entire court filing, which includes the details of the petition and the reason for the delay in filing the appeal.

Overview of the Legal Context

This affidavit is part of a Special Leave Petition (SLP) filed under Article 136 of the Constitution of India, which grants the Supreme Court the discretionary power to hear appeals against any judgment or order passed by any court or tribunal in the country. The case pertains to Kusum Gupta as the petitioner versus the State of U.P. and others as respondents.

Order XXII Rule 2(1)(a) of SCR, 2013

Order XXII Rule 2(1)(a) of the Supreme Court Rules, 2013, outlines the procedure for re-filing cases that were initially found to be defective or incomplete. According to this rule, parties must re-file the documents after addressing the deficiencies pointed out by the registry. In the context of this SLP, the petitioner has sought condonation for the delay in re-filing their case.

Civil Appellate Jurisdiction

The term “Civil Appellate Jurisdiction” refers to the authority of the Supreme Court to hear appeals in civil cases. These appeals can arise from judgments or orders of lower courts. The special leave petition process under Article 136 is a critical part of this jurisdiction, allowing the Supreme Court to intervene in cases that involve substantial questions of law or matters of public importance.

Condonation of Delay

In the legal context, “condonation of delay” refers to the court’s ability to forgive a delay in filing or re-filing a case. The application for condonation must provide a sufficient explanation for the delay. In this affidavit, Advocate Vikas Kumar Pandey affirms that the reasons for the delay are genuine and supported by factual knowledge.

Importance of Affidavit in SLP

An affidavit is a sworn statement of facts that is used as evidence in court proceedings. In the context of an SLP, the affidavit supports the petitioner’s application, asserting that the facts presented are true and correct. This document is crucial as it ensures that the information provided is verified and holds the deponent accountable for its accuracy.

Conclusion

The affidavit submitted by Advocate Vikas Kumar Pandey is a formal declaration supporting the application for condonation of delay in re-filing the special leave petition. It is a critical component of the legal process, ensuring that the Supreme Court is provided with verified information as it considers whether to grant the SLP and the interim relief sought by the petitioner, Kusum Gupta.

This structured approach underscores the legal rigor and procedural adherence required in the highest court of India, ensuring justice is served based on truthful and accurate representations.