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

IN THE SUPREME COURT OF INDIA LISTED ON : 2-12-2015 CIVIL ORIGINAL JURISDICTION COURT No. : 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)

GOVT OF INDIA & ANR. ETC. ETC. ....Petitioners

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

The Transfer Petitions above mentioned were listed before the Hon'ble Court on 13th October,

VERSUS

OFFICE REPORT

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

"It is accepted at the Bar that the Transferred Case (Civil) No.72 of 2015, is the lead matter in this batch of matters and the pleadings are complete.

At this juncture, it is submitted by Mr. Gopal Subramonium, Mr. Mohan Parasaran and Mr. C.A. Sundaram, learned senior counsel appearing for the petitioners that they may be permitted to file a comprehensive affidavit covering all angles.

SLP(C) 1864/15

Let the said affidavit be filed by 4th November, 2015. Reply, if any, be filed by the petitioners, as well as by the Union of India by 18th November, 2015. Automobile Research Association of India (ARAI), the respondent No.3 in T.C.(C) No.72 of 2015, shall also file a comprehensive affidavit within four weeks hence. We may hasten to clarify that the counter affidavits filed either in the special leave petitions or in the transferred cases, shall be taken into consideration while adjudicating the Transferred Case (Civil) No.72 of 2015.

Let the matter be set out for final disposal on 2nd December, 2015.

It is hereby made clear that no adjournment shall be granted on that day on any score.

The interim order passed on the earlier occasion shall remain in force till the next date of hearing." Contd...2/-

SECTION XVI-A ITEM No. :

There are two Respondents in the above-mentioned matter.

It is submitted that Mr. Shiv Prakash Pandey, Advocate and Ms. Rachna Gupta, Advocate on behalf of Respondent No. 1 and 2 respectively and (also Respondent No.3 in T.P. No. 348 of 2015) have not filed any Counter Affidavit so far.

Service is complete on both respondents.

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

There are four Respondents in the above-mentioned matter.

It is submitted that Mr. C.S. Ashri and Ms. Rachna Gupta, Advocate have filed Vakalatnama and Memo of Appearance on behalf of Respodent Nos. 1, 2 & 3 and Certificate of Service is awaited in respect of Respondent No 4- State of Bihar.

Service is not complete in respect of Respondent No. 4- State of Bihar.

It is 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, which has been registered as Interlocutory Application Nos. 28-36 of 2015. Copies of the same have been placed with the Paper Books.

It is submitted that notice of hearing for listing the matter to Mr. Gyan Prakash, Intervenor-in-person for 02-12-2015 was issued by Speed Post however, he has confirmed telephonically.

Service of notice of hearing on Intervener-in-person is complete as per telephonically information.

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

Dated this the 01st day of december, 2015.

ASSISTANT REGISTRAR

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

2. Mr. Vishnu Sharma, Advocate 3. Mr. Gyan Prakash, Respondent-in-person No. 1714, Ashok Nagar, Jabalpur, M.P. 4. Mr. E.C. Agrawala, Advocate 5. Ms. Rachna Gupta, Advocate 6. Mr. Shiv Prakash Pandey, Advocate 7. Mr. C. S. Ashri, Advocate 8.Mr. Gopal Singh, Standing Counsel for the State of Bihar.

ASSISTANT REGISTRAR