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:12 Jul 2016
CNR:SCIN010032272015

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20 Feb 2015

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IN THE SUPREME COURT OF INDIA<br>CIVIL ORIGINAL JURISDICTIONSECTIONXVIA<br>LISTED ON : 12.7.2016<br>COURT NO : 1<br>ITEM No. : 41
TRANSFERRED CASE NOS. 68, 69, 70, 70, 71, 72, 73 & 105 OF 2015<br>(@T.P.(C)NOS. 341, 343, 344, 346, 347, 349 & 345 of 2015).<br>WITH<br>INTERLOCUTORY APPLICATION NOS. 1 & 2 OF 2015 IN T.C. NOS. 68, 69, 71, 72 & 73 OF2015.<br>(Applicantions for intervention and bringing on record additional facts ground & documents and<br>permission to file additional documents & intervention)
KIRTI MISHRA, ADAVCATE & ANR. ETC.<br>VersusPetitioners
THE GOVERNMENT PF INDIA & ORS ETC.Resondents
WITH<br>TRANSFER PETITION (CIVIL) NOS. 342 & 348 OF 2015<br>WITH<br>INTERLOCUTORY APPLICATION Nos. 1-9 of 2015<br>(Applications for ex-parte ad-interim stay)<br>WITH<br>INTERLOCUTORY APPICATION NO.19 -27 & 28-36 of 2015<br>(Applications for permission for Intervention & taking additional document on record)
GOVT OF INDIA & ANR. ETC. ETC.Petitioners
Versus

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

OFFICE REPORT

The Transfer Petitions above mentioned were listed before the Hon'ble Court on 9th December, 2015 algongwith connected matters (Copy included in the paper books)

It is submitted that Mr. E.C. Agrawala, Advocate has on 11th January, 2016 filed convenience compilation on behalf of intervenor in Transferred Case No. 72 of 2015 after serving its copy on the other side. Copy of the same has been placed with the Paper books.

It is futher submitted that Mr. Vishnu Sharma, Advocate for Petitioner has on 11th January, 2016 filed convenience pleadings Volume Nos. I to V in Transferred Case No. 72 of 2015 after serving their copies on the other side except Mr. D.L. Chidananda, Advocate for intervenor. However, copy of the same has been placed with Transferred Case Paper books.

Thereafter the Transferred Cases above mentioned were listed before the Hon'ble Court on 5th April, 2016 alongwith connected matters (Copy of the Court's Order dated 5<sup>h</sup> April, 2016 included in the paper books)

Contd..2/-

Pursuant to Court's order dated 5th April, 2016 Mr. D. S. Mahra, Advocate for the Union of India has on 18th April, 2016 filed with the permission of the Hon'ble Court filed Volume VI & VII with Affidavit of Union of India through Ministry of Road Transport & Highways alongwith (Volume -VI) attested true copy of the Panel Report on "Quadricyle, Rules and Regulations" submitted by Shri Dinesh Tyagi, Chairman of the Panel and Director, ICAT, Manesar ; and (V-II) Attested true copies of the Report of the Committee headed by Shri Ambuj Sharma, appointed by the Government of India, Ministry of Road Transport and Highways in Transferred Case No. 72 of 2015. Copy of the Vol -VI & VII have been placed with Transferred Case No. 72 of 2015 paper books.

It is submitted that the Ld. Registrar (Judicial) has submitted that his report in covered envelop in Transferred Case No. 72 of 2015. The said report is being circulated with office report for the kind perusal of the Hon'ble Court.

It is also submitted that certificate of service regarding transmission of Original Record has not been received from the High Court in respect of Respondent No. 4 i.e, State of Karnataka in Transferred Case No. 72 of 2015.

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 and Ms. Rachna Gupta, Advocate on behalf of Respondent No. 1 and 2 respectively but have not filed any Counter Affidavit so far. Hence no Rejoinder Affidavit.

Service is notice complete.

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 but have not filed Counter Affidavit hence no Rejoinder Affidavit and Certificate of Service is awaited in respect of Respondent No 4- State of Bihar from the High Court.

Contd. 3/-

It is also submitted that notice of hearing for listing the matter on 12th July, 2016 was sent to Mr. Gyan Prakash, Intervenor-in-person on 7th May, 2016 was issued by speed post as per track report of Postal Authority notice has been delivered on 11th May, 2016.

Service is complete in all the matters except in respect of respondent No. 4 in T.C. No. 72 of 2015 & Respondent No. 4 State of Bihar in Transfer Petition (Civil) No. 348 of 2015.

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

Dated this the 11th day of July, 2016.

ASSISTANT REGISTRAR

Copy to :

    1. Mrs. Vipin Gupta, Advocate.
    1. Mr. D.S. Mahra, Advocate
    1. Mr. Vishnu Sharma, Advocate
    1. Mr. E.C. Agrawala, Advocate
    1. Ms. Rachna Gupta, Advocate
    1. Mr. D.L. Chidnanda, Advocate
    1. Ms. Rachna Gupta, Advocate.
    1. Mr. Shiv Prakash Pandey, Advocate.
    1. Mr. C. S. Ashri, Advocate
    1. Mr. Gopal Singh, Standing Counsel for the State of Bihar.
    1. Mr. Gyan Prakash, Respondent-in-person No. 1714, Ashok Nagar, Jabalpur, M.P.
    1. Mr. V. N. Raghupaty, Standing Counsel for the State of Karnataka.

ASSISTANT REGISTRAR

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