SECTION IVB

Listed on.02.11.2015

Court No.5

IN THE SUPREME COURT OF INDIA Item No.6 CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NO.1

(Application for vacating exparties in SLP (C) No. 6201 of 2015)

IN

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NOS.6198 6201 AND 9518 OF 2015

WITH PRAYER FOR INTERIM RELIEF

AND

INTERLOCUTORY APPLICATION NO.2 (Application for vacation of Exparte adinterim order dated 01.04.2015 in SLP (C) No. 9518 of 2015)

Naren Dutt Etc. ...Petitioner(s)

Versus

Balwant Singh & Ors. Etc. Etc. ...Respondent(s)

OFFICE REPORT

I.A. No. 1 in SLP (C) No.61986201/2015

The application above mentioned was listed before the Hon'ble Court on 05.05.2015 with office report dated 01.05.2015, when the Court was pleased to pass the following order :

"Issue notice on I.A. No.1 of 2015 in SLP (C) Nos.61986201 of 2015, i.e., application of the exparte adinterim order dated 27.02.2015 returnable within six weeks.

Accordingly, show cause notice on I.A No. 1/15 (application for vacating stay in SLP (C) No. 6201 of 2015) was issued on sole petitioner through Ms. Aishwarya Bhati, counsel for the petitioner. Service of notice on I.A. No. 1 is complete.

It is submitted that no documents has been filed so far.

It is further submitted that Ms. Jyoti Mendiratta, Advocate has filed Vakalatnama\Memo of Appearance and Counter Affidavit on behalf of Respondent No. 1 in SLP (C) No. 6198 of 2015. She has also on 01.07.2015 filed an application for vacating of Exparte stay of order dated 27.02.2015 in SLP (C) No. 6198 of 2015 in respect of Respondent No. 1 but the same application is defective for the reason that she has not served its copies upon other side. However, instead of removing the aforesaid defects she has on 10.08.2015 filed an affidavit stating therein that Respondent No. 1 in SLP (C) No. 6198 of 2015 has retired from Govt. service with effect from 30.06.2015 and already granted the promotion and benefits. He wants to withdraw the application abovementioned as Respondent No. 1 no longer wants to contest the matter. (Copy of affidavit is being circulated and submitted for directions).

SLP(C)<br>No.	Total<br>RRs.	V/A	Counter<br>affidavi<br>t	Neither<br>A.D. Nor<br>Unserved	Service<br>incomple<br>te on
6198/15	6	1, 3, 5	1,3	2, 4, 6	2, 4, 6
6199/15	6	3, 5	3	1­2, 4,<br>6	1­2, 4,<br>6
6199/15	6	3, 4	3	1, 2,<br>5­6	1, 2,<br>5­6
6199/15	6	1, 3, 6	3	2, 4,5	2, 4,5
6199/15	6	1	1	2­6	2­6

Service position of SLP is as under:

I.A. No. 2 in SLP (C) No. 9518 of 2015

The application above mentioned was listed before the Hon'ble Court on 24.08.2015, when the Court was pleased to pass the following order :

" Issue notice.

As far as respondent No.1 is concerned, it is submitted by Ms. Jyoti Mendiratta, learned counsel for the respondent, that he has already got all the reliefs.

In view of the aforesaid, learned

counsel for the petitioner does not intend to prosecute against the first respondent. Tag with SLP (C) No.6198 of 2015."

Accordingly, show cause notice on I.A. No. 2 (Application for vacation of exparte adinterim order dated 01.04.2015) was issued on 28.09.2015 through Mr. Ranbir Singh Yadav, counsel for the petitioner.

Service of show cause notice on I.A. No. 2 is complete.

It is further submitted that no document has been filed so far.

It is again submitted that Mr. Vishwapal Singh, Advocate has filed Vakalatnama\Memo of Appearance and Counter Affidavit on behalf of Respondent Nos. 3 & 4. Copy of counter affidavit is being circulated with this office report.

It is submitted that no one has filed Vakalatnama and Memo of Appearance on behalf of Respondent Nos. 5 & 6 despite completion of service.

It is lastly submitted that service of show cause notice in SLP (C) No. 9518 of 2015 is not complete in respect of Respondent No. 2 (i.e. State).

The matter is listed before the Hon'ble Court with this office report.

Dated this the 30th day of October, 2015.

ASSISTANT REGISTRAR

Copy to:Ms. Aishwarya Bhati, Adv. Ms. Jyoti Mendiratta, Adv. Mr. Vishwapal Singh, Adv.

ASSISTANT REGISTRAR

Com1/Mty