The Government Of India An Etc Etc The Government Of India And Ors. Etc Etc Ministry Of Road Transport And Highways Secretary vs. Kirti Mishra Advocate And Anr Etc Etc

Court:Supreme Court of India
Judge:Hon'ble Adarsh Kumar Goel
Case Status:Disposed
Order Date:15 Jul 2015
CNR:SCIN010032272015

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SECTION XVI-A
IN THE SUPREME COURT OF INDIALISTED ON : 15.07.2015
CIVIL ORIGINAL JURISDICTIONCOURT No. :
ITEM No.<br>:
TRANSFER PETITION (CIVIL) Nos. 342 & 348 of 2015
(@ TRANSFER PETITION (CIVIL) Nos. 341-349 of 2015)
WITH
INTERLOCUTORY APPLICATION Nos. 1-9 of 2015
(Applications for ex-parte ad-interim stay)
WITH
INTERLOCUTORY APPICATION NO.19 -27 & 28-36 of 2015
(Applications for permission for Intervention in the matter)
WITH
INTERLOCUTORY APPLICATION NO. 10-18 of 2015 andof 2015
(Application for permission to Argue and Appear in Person and taking documents on record)
GOVT OF INDIA & ANR. ETC. ETC.Petitioners
VERSUS

KIRTI MISHRA, ADVOCATE & ANR. ETC. ETC. ...Respondents OFFICE REPORT

The Transfer Petitions above mentioned were listed before the Hon'ble Court on 22nd

April, 2015 when the Court was pleased to pass the following Order:-

"Let the matter be listed on 15th July, 2015. The pleadings shall be completed from all angle by that date. The interim order passed on the earlier occasion, shall remain in force till the next date of hearing."

T. P. (C) No. 342 of 2015

There are two Respondents in the above-mentioned matter.

It is submitted that Mr. Shiv Prakash Pandey, Advocate has on 8th July, 2015 filed

Vakalatnama and Memo of appearance on behalf of Respondent No. 1 and Certificate of

Service is awaited in respect of Respondent No. 2 from High Court.

Service is not complete in respect of Respondent No. 2.

T. P. (C) No. 348 of 2015

There are four Respondents in the above-mentioned matter.

It is submitted that Ms. Rachna Gupta, Advocate is representing Respodent No. 3 and

Certificate of Service is awaited in respect of Respondent Nos. 1,2 & 4 from High Court.

Service is not complete in respect of Respondent Nos. 1,2 & 4 respectively.

It is also submitted that Mr. Gyan Prakash, Applicant has on 9th March, 2015 filed Application for Permission for Intervention in the matter along with Application for permission to appear and Argue in Person which have been registered as I.A. Nos. 19-27 and I.A. Nos.

10 -18 of 2015. Copy of the same is tagged with the Paper Books.

It is submitted that Mr. Gyan Prakash, Intervenor-in-person has filed application for permission to appear and argue-in-person. The said application has been registered\ as Interlocutory Application No. 19-27 of 2015 and was placed before Ld. Registrar J-II for interaction on 21-03-2015. The statement of Intervenor-in-person has been recorded as is required under Order IV Rule 1 (c) of the Supreme Court Rules, 2013 (Proviso) . He has been specifically asked about his ability to put his case before the Court. He replied in affirmative. He was given an option to get an advocate appointed from the Court, but he refused. After recording the said statement I opine that the Intervenor-in-person is able to give all necessary assistance to the Court for proper disposal of the matter. Copy of the Interlocuory Application No. 19-27 of 2015 has already been included in the paper books of Transfer Petition.

It is further submitted that Mr. E.C. Agrawala, Advocate has on 17th April, 2015 filed application for intervention but copy of the same has not been served to Mr. Vishnu Sharma, Advocate. However, the same has been registered as Interlocutory Application Nos. 28-36 of 2015. Copies of the same have been placed in the Paper Books.

It is also submitted that Mr. Gyan Prakash, Intervenor-in-person has on 12.06.2015 filed application for taking documents on record with affidavit but the same is defective as he has not served the copy on the other side and also Page Nos against the Annexure not mentioned. However unregistered application is being circulated herewith for kind perusal of the Hon'ble Court.

It is further submitted that notice of hearing for listing the matter to Mr. Gyan Prakash, Intervenor-in-person for 15-7-2015 was issued by Registered A. D. Post on 12-6-2015 but neither A.D Card nor unserved cover containing the notice of hearing has been received.

Service of notice of hearing on Respondent-in-person in applications for permission for Intervention is not complete.

The matter along with applications above-mentioned are listed before the Hon'ble Court with this Office Report.

Dated this the 14th day of July, 2015.

ASSISTANT REGISTRAR

Copy to : 1. Mr. D.S. Mahra, Advocate

  1. Mr. Vishnu Sharma, Advocate
    1. Mr. Gyan Prakash, Respondent-in-person No. 1714, Ashok Nagar, Jabalpur, M.P.
    1. Mr. E.C. Agrawala, Advocate
    1. Ms. Rachna Gupta, Advocate
  • 6. Mr. Shiv Prakash Pandey, Advocate

ASSISTANT REGISTRAR

ga

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