Chitresh Garg vs. State Of M P
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
27 Jan 2015
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Order Text
LISTING ON 15.5.2015 (SUPPLE) COURT NO. ITEM NO.
SEC.IV-A
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 28054, 28134-28138, 28143, 28144, 29516, 29332, 32717-24, 29744-51, 29813-14, 29821, 32727-32, 29979-84, 30036-41, 30712, 32733, 31766-67, 29705-10, 32046-57, 33227, 32412-14, 32596-98, 28454-57, 32710-16, 31457-59, 31418, 31107-08, 32972 32078-79, 34581, 34708-09, 34933-34, 36756, 35062, 35450-52, 33205, ,33141, 34657,34523-34524,36428, OF 2014 AND 1653 , 1838, 3310, 3342, 2472, 5259-5260, 4357, 6254, 7174, SLP (C)10244 of 2015 ,SLP (C) 10353 of 2015, 9871 , 11713 OF 2015 WITH PRAYER FOR INTERIM RELIEF WITH INTERLOCUTORY APPLICATION NO. 4 (Application for Impleadment in SLP (C) No. 33227 of 2014) AND INTERLOCUTORY APPLICATION NO. 4 (Application for Impleadment in SLP (C) No. 32733 of 2014) AND INTERLOCUTORY APPLICATION NOS. 41-48 (Application for Impleadment in SLP (C) No. 29744-51 of 2014) AND INTERLOCUTORY APPLICATION NOS. 35-42 (Application for Impleadment in SLP (C) No. 32717-24 of 2014) AND INTERLOCUTORY APPLICATION NO. 3 in SLP (C) No. 33205 of 2014 (Application for discharge of Advocate) AND INTERLOCUTORY APPLICATION NO. 4 in SLP (C) Nos. 4357, 1838 of 2015 (Application for direction) AND INTERLOCUTORY APPLICATION NO. in SLP (C) No. 1838 of 2015 (Application for permission to bring on record additional document) AND INTERLOCUTORY APPLICATION NO. 3 in SLP (C) No.9871 of 2015 (Application for direction) AND INTERLOCUTORY APPLICATION NO. 4,5,7,8,9, 5-6, 3 in SLP (C) No. 30712, 32733, 34523-24, 35450-52, 31766-67, 28143 & 34581 of 2014 (Application for direction) AND INTERLOCUTORY APPLICATION NO. 4,5,7,8,9, 5-6, 3 in SLP (C) No. 32733, 28143 of 2014
(Application for correction)
AND CONTEMPT PETITION NO. 338-343 OF 2015 IN SLP NO. 29979-84 OF 2014
Nidhi Kaim, Etc., Etc. ...Petitioners
-Versus-
State of Madhya Pradesh & Ors., Etc. Etc. ...Respondents
COMMON OFFICE REPORT
The matters above mentioned were listed before the Hon'ble Court
on 12.05.2015 with an office report dated 11.05.2015, when the Court was
pleased to pass the following order:
"We have heard learned counsel appearing for the parties at length.
Admittedly, the service is not complete.
In absence of appearance of the colleges, we are not in a position to pass any interim order.
Let these cases be listed on 14.07.2015.
Issue notice in Contempt Petition (C) Nos.338-343/2015 in SLP(C) Nos.29979-29984 of 2014."
| Sl.<br>No. | SLP (C)<br>2014 | Total RR | Vakalatnama/<br>Appearance and<br>Dasti Proof | Counter<br>Affidavit | Status<br>(Complete) | Status<br>(Incomplete) |
|---|---|---|---|---|---|---|
| 1. | 28054 | 5 | 1-4 and Dasti on<br>b/o RR No. 5 | 1-4 | Complete | - |
| 2. | 28134-38 | 14 | 1-4, 7, 11<br>5,6,8-10,12-14 | 3,4,7,11 | Complete | - |
| 3. | 28143 | 5 | 1-4 (Proof-5) | 3,4 | Complete | |
| 4. | 28144 | 5 | 1-4, (AD-5) | 3,4 | Complete | |
| 5. | 29516 | 9 | 3, (AD-9) 1,2<br>4-7 | 3 | - | 8 |
| 6. | 29332 | 8 | 1-3 (4-8 AD) | 3 | Complete | |
| 7. | 32717-24 | 17 | 10,13,15<br>(AD- 1,4-6,8,9 ,<br>11, 12,14,17) | 10,13,<br>15 | - | 2,3,7,16 |
Detailed Service position of each matter is as under:-
| 8. | 29744-51 | 15 | 3,6,8,11,12,15<br>(AD- 1,2,4,5 ,<br>7,9,10, 14) | 3,6,11,<br>12,15 | - | 13 |
|---|---|---|---|---|---|---|
| 9. | 29813-14 | 6 | 4, (AD-1,3,5-6) | 4 | - | 2 |
| 10. | 29821 | 4 | 1,3 (AD- 2, 4 ) | 3 | Complete | |
| 11. | 32727-32 | 14 | 2,7-9,12,14<br>(AD -1,3-6,10,<br>11, 13 ) | 2,7-9,<br>12,14 | Complete | |
| 12. | 29979-84 | 8 | 3,4,( 1,2,5-8 AD) | 3,4 | Complete | |
| 13. | 30036-41 | 5 | 3,4 (AD-1,2,5) | 3,4 | Complete | |
| 14. | 30712 | 5 | 3,4, (1, 2, 5 AD) | 3,4 | Complete | |
| 15. | 32733 | 5 | 4(1-3,5 AD ) | 4 | Complete | |
| 16. | 31766-67 | 8 | 3,4 (1,2,5-7 AD) | 3,4 | - | 8 |
| 17. | 29705-10 | 9 | 1-3 (4-9 AD) | - | Complete | |
| 18. | 32046-57 | 15 | 3,4,6,15<br>(AD- 1,2,5,7,<br>8-12,14, 15) | 3,4,6,15 | - | 13 |
| 19. | 33227 | 7 | 3,4 (1,2,5,7 AD) | 3,4 | - | 6 |
| 20. | 32412-14 | 10 | 3,4 (1,2,5-10<br>AD) | 3 | Complete | |
| 21. | 32596-98 | 5 | 3,4, (1,2, 5 AD) | 3,4 | Complete | |
| 22. | 28454-57 | 10 | 1,3,4,6<br>(AD- 2,5,7-10) | 3,4,6 | Complete | |
| 23. | 32710-16 | 14 | 1-3,7,9<br>(AD 6,8-13) | 3,9 | - | 4,14, |
| 24. | 31457-59 | 14 | 1-3,(AD 5-14) | 3 | - | 4 |
| 25. | 31418 | 5 | 1-4,( 5 AD) | 3,4 | complete | |
| 26. | 31107-08 | 10 | 1-4, (5-10 AD) | 3,4 | complete | |
| 27. | 32972 | 4 | 1,2 (AD 3-4) | 1 | Complete | |
| 28. | 32078-79 | 11 | 3,1 (AD 2,4-10) | 3 | - | 11 |
| 29. | 34581 | 5 | 1-4 (AD 5) | 3,4 | Complete | |
| 30. | 34708-09 | 7 | 1-4 (AD 5-7) | 3,4 | Complete | |
| 31. | 34933-34 | 7 | 3,4 (AD 1,2,5-7) | - | Complete | |
| 32. | 36756 | 7 | 1-4 (AD 5,7) | - | - | 6 |
| 33. | 35062 | 4 | 4 (AD 1-3) | 4 | Complete | |
| 34. | 35450-52 | 7 | 1-4 (AD 5-7) | 3,4 | Complete |
| 35. | 33205 | 5<br>Spare copy<br>not filed.<br>Hence,<br>show cause<br>notice could<br>not be<br>issued.<br>Mr.<br>Rajender<br>Prasad<br>Gupta,<br>Advocate<br>has filed<br>application<br>for<br>discharge of<br>Advocate<br>(IA 3) and<br>the same<br>has been<br>included in<br>paper<br>books. | 3,4<br>( Respondent<br>NO. 1-2, 5 has<br>already served<br>in other matters) | 3,4 | Complete | |
|---|---|---|---|---|---|---|
| 36. | 33141 | 5 | 3 ( AD 1,2,4,5) | 3 | complete | |
| 37. | 34657 | 10 | 1,3,4 & 10<br>Proof - all | 3,4 | complete | - |
| 38. | 34523-24 | 11. | 1-3, 6-8<br>(AD 4-5, 10, 11) | 2,3,7 | complete | |
| 39 | 1653/2015 | 5 | 1,4, 3 (V/A) | 4 | 2,5 | |
| 40. | 1838/2015 | 5 | 1,3-4 (V/A), 2 &<br>5 are served<br>thorugh Dasti. | - | Complete | |
| 41 | 3310/2015 | 4 | 3 (V/A) | - | - | 1,2 & 4 |
| 42 | 3342/2015 | 4 | 3 (V/A) | - | - | 1,2 & 4 |
| 43 | 2472/2015 | 6 | 1,2 (V/A) | - | - | 3-6 |
| 44. | 5259-60/15 | 5(5259/15)<br>7 (5260/15) | 1 ,2,5(V/A)<br>1,4,6 (V/A) | - | - | 3-4<br>(5259/15) |
| [R no. 1 is<br>common in both<br>SLP) | 2,3,5,7(5260<br>/15) | |||||
| 45 | 4357/2015 | 5 | 3&4 (V/A) | - | - | 1,2 & 5 |
| 46 | 6254/2015 | 5 | 3&4 (V/A) | - | - | 1,2 & 5 |
| 47. | 7174/2015 | 5 | 1,2,5 (V/A) | - | - | 3 & 4 |
| 48 | 10244/2015 | 5 | 3 & 4 (V/A) | - | - | 1,2 &5 |
|---|---|---|---|---|---|---|
| 49 | 10353/2015 | 5 | 2 (V/A) | - | - | 1,3,4,5 |
| 50 | 36428/2014 | 5 | 1-3 (AD 4) | 3 | - | 5 |
| 51 | 9871/2015 | 5 | 3,4 (V/A),<br>Respondent no.<br>1, 2 & 5 are<br>served through<br>Dasti | Complete | ||
| 52 | 11713/2015 | 5 | 3,4 (V/A) | - | - | 1,2 & 5 |
SLP NO. 1838/2015
It is submitted that counsel for petitioner has filed applications for directions, permission to file additional documents and official Translation but the application for O.T is still defective for the reasons that :
-
Copy of application for direction not served to other side Advocate.
-
Page no. 32 is missing and some blank spaces in application for additional document & Advocate has not cured the defects.
It is further submitted that counsel has cured the defect in application for direction is registered as IA No. 3. As the matter is on board, both applications are being circulated with this office report.
SLP (C) Nos. 29744-51 and 32717-24 of 2014
It is submitted that counsel for the petitioner has on 30.01.2015 filed application for impleadment which are registered as I.A. Nos. 41-48 and 35-42. Copy of same has been included in the paper books.
SLP (C) No. 29821 of 2014
It is submitted that counsel for the petitioner has filed application for permission to file additional documents alongwith Annexure A-1 but pagination of annexure A-1 has not mentioned in application . As the matter was on board document has been included in the paper books.
It is further submitted that counsel for the petitioner has filed rejoinder affidavit, with leave of the Hon'ble Court and Copy of same has been included in the paper books.
SLP (C) Nos. 30036-41, 32710-16, 32717-24, 32727-32 of 2014.
It is submitted that counsel for the petitioner has on 24.3.2015 filed with leave of the Hon'ble Court rejoinder affidavit. Copy of the same have been included in the paper books.
SLP (C) No. 33141 of 2014.
It is submitted that counsel for the petitioner has on 6.4.2015 filed, with leave of the Hon'ble Court, rejoinder affidavit. Copy of same has been included in the paper books.
SLP NO. 29821 of 2014
It is submitted that counsel for petitioner has on 9.4.2015 filed application for filing additional documents with affidavit, Annexure A-1 to A-5 alongwith application for exemption from filing O.T, which is registered as I.A Nos. 4 and 5 and included in the paper books.
SLP Nos. 30712,32733,34523-24,35450-52, 31766-67, 28143 and 34581 of 2014
It is submitted that counsel for petitioner has filed application for direction (in all matter) and application for correction (in SLP 32733 and 28143 of 2014) which have been registered and included in the paper books.
SLP Nos. 32046-57,33227 of 2014
It is submitted that counsel for petitioner has filed application for direction which is defective for the following reasons as date of order has been wrongly mentioned in the application/Index. As the matters were on board, copy of document have been included in the paper books.
SLP Nos. 28454-57,29705-710,32078-79, 28134-38, 31418 AND 31107-08 of 2014
It is submitted that counsel for petitioner has filed application for stay and direction respectively which is defective for the following reasons as copy of the same has not been served on Mr. C.D.Singh, Advcoate for respondent. As the matter is on board, copy of document have been included in the paper books.
SLP Nos. 29813-14, 28144, 29979-84, 34933-34, 35062, 32972 of 2014
It is submitted that counsel for petitioner has filed application for direction which is defective for the following reasons :-
Date of order 15.10.2014 has been filed as annexure A-I in place of order dated 17.11.2014 (SLP Nos. 29813-14, 29979-84 of 2014)
Counsel for the petitioner has filed contempt petition which has been registered as contempt petition no. 338-343 of 2015 in SLP No. 29979-84 of 2014.
Mr. A.P. Mayee advocate has filed application for direction without obtaining no objection certificate from Ms. Bharti Tyagi. And date of order has been wrongly given in the index. (SLP Nos. 28144 of 2014)
Date of order of the annexure given wrong in the application/index (SLP No. 34933-34 of 2014)
Date of order 15.10.2014 has been filed as annexure in place of order dated 18.12.2014 (SLP Nos. 35062 of 2014)
Page no. 8 having dim impression. (SLP No. 32972 of 2014)
As the matters were on board, copy of documents have been included in the paper books.
It is submitted that no further documents have been filed by any of the parties, so far.
It is submitted that counsel for the petitioner has not filed spare copy of Contempt Petition, so far. Hence, show cause notice, in Contempt Petition, could not be issued.
SLP No. 28054/2014
The matter above mentioned was mentioned before the Hon'ble Court on 14.05.2015, when the Court was pleased to pass the following order:
"List this special leave petition along with other connected matters on 15th May, 2015 before Court No. 1."
In view of the above quoted order, the matters above mentioned are listed before the Hon'ble Court with this office report.
Dated this the 14th day of May, 2015.
Copy to: Mr. Bharti Tyagi, Advocate Mr. K. Krishna Kumar, Advocate Mr. Mishra Saurabh, Advocate Mr. Sunny Choudhary, Advocate Mr. Nikhil Jain, Advocate Mr. Vikas Mehta Advocate Mr. Narhari Singh, Advocate Mr. A. P. Mayee, Advocate Mr. Varinder Kr. Sharma, Advocate Mr. Amit Pawan, Advocate Ms. Pragati Neekhra, Advocate Mr. R. P. Goyal, Advocate Mr. C.D. Singh, Advocate Mr. Rajender Prasad Gupta, Advocate Dr. Ashwini Bhardwaj, Advocate