Shabina Malik vs Usama Masood Transfer Petition

Shabina Malik vs Usama Masood

Introduction:

The Supreme Court of India heard the Transfer Petition (Civil) No. 1055/2019 filed by Shabina Malik against Usama Masood on March 14, 2022. The petition was listed before Registrar Sh. Avani Pal Singh. This case involved multiple transfer petitions and stay applications.

Background:

The petitioner, Shabina Malik, filed Transfer Petition (Civil) No. 1055/2019 against Usama Masood. Additionally, Transfer Petition (Criminal) No. 29/2020 and Transfer Petition (Criminal) No. 474/2019 were also associated with the case. These petitions included requests for admission, ex-parte stay orders, and stay applications. The matter was scheduled for a hearing on March 14, 2022.

Key Arguments:

Representing the petitioner were several advocates, including Mr. Avinash Kr. Lakhanpal, Ms. Richa Kapoor, and others. They presented arguments on behalf of Shabina Malik. On the respondent’s side, Mr. Soumya Dutta appeared as the Advocate-on-record.

Court’s Observations:

During the hearing, Mr. Viraj Kadam, representing Mr. Soumya Dutta, informed the court about their representation for respondent nos. 1 and 2. However, there were issues regarding the service of notices to the respondents. Respondent no. 1 remained unserved, while respondent no. 2 refused to accept the notice. The court directed the petitioner’s counsel to take fresh steps for unserved respondent no. 1. Service upon respondent no. 2 was deemed complete, but no appearance was made.

Court’s Decision:

The court granted the petitioner’s counsel two weeks to address the issue of unserved respondent no. 1. For respondent no. 2, service was considered complete, although no appearance was made. The case was listed for further hearing on April 27, 2022.

Conclusion:

In the Transfer Petition (Civil) filed by Shabina Malik against Usama Masood, the Supreme Court addressed issues related to the service of notices to respondents. The court granted the petitioner’s counsel two weeks to address the matter of unserved respondent no. 1 and scheduled the next hearing for April 27, 2022. The decision aimed to ensure proper legal proceedings in the case.

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