Suresh Jain vs. State Of U. P.

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ITEM NO.25 REGISTRAR COURT.1 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR M.A. SAYEED

Petition(s) for Special Leave to Appeal (Civil) No(s).1082-1083/2012

BALIRAM & ORS.ETC.ETC. Petitioner(s)

VERSUS

STATE OF U.P.& ORS. Respondent(s)

(With appln(s) for interim stay and prayer for interim relief and office report )

WITH SLP(C) NO.2603/2012 SLP(C) NO.2612/2012 SLP(C) NO.2820/2012 SLP(C) NO.3298/2012 SLP(C) NO.6345/2012 SLP(C) NO.3473/2012 SLP(C) NO.4249/2012 SLP(C) NO.8439/2012 SLP(C) NO.7146/2012 SLP(C) NO.10597/2012 SLP(C) NO.16380/2012 SLP(C) NO.11879/2012 SLP(C) NO.10052/2012 SLP(C) NO.16336/2012 SLP(C) NO.16007/2012 SLP(C) NO.4687/2012 SLP(C) NO.8851/2012 SLP(C) NO.4242/2012 SLP(C) NO.3242/2012 SLP(C) NO.13641-13646/2012 SLP(C) NO.11303/2012 SLP(C) NO.11304/2012 SLP(C) NO.5566/2012 SLP(C) NO.7815/2012 SLP(C) NO.7540/2012 SLP(C) NO.37493/2012 SLP(C) NO.37492/2012 SLP(C) NO.18104/2012 SLP(C) NO.7436/2012 SLP(C) NO.9748/2012 SLP(C) NO.33860/2012 SLP(C) NO.38289/2012 SLP(C) NO.27930/2012 SLP(C) NO.30590/2012 SLP(C) NO.16674/2012 SLP(C) NO.16695/2012 SLP(C) NO.26874-26876/2012

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Date: 03/09/2013 These Petitions were called on for hearing today.

For Petitioner(s)

Item No.25

Mr R.D.Upadhyay, Adv. Mr Sudhir Naagar, Adv. Mr Prashant Chaudhary, Adv. Mr Rameshwar Prasad Goyal, Adv. Mr Rajiv Dalal, Adv. Mr Subramonium Prasad, Adv. Mr Gopal Prasad, Adv. Mr Subhash Chandra Jain, Adv. Mr Ashok K Mahajan, Adv. Mr Samir Ali Khan, Adv. Mr Jitendra Mohan Sharma, Adv. Mr Ajay Bansal, Adv. Mr Kuldip Singh, Adv. Mr M.P.S.Tomar, Adv. Ms Sandhya Goswami, Adv. Mr Tabrez Ahmed, Adv. Mr Syed Mehdi Imam, Adv. Ms Tulika Prakash, Adv. Mr K.S.Rana, Adv. Mr Shikhil Suri, Adv. Mr Shiv Kumar Suri, Adv. Mr Sanjay Kumar Tyagi, Adv. Mr Arun K Sinha, Adv. Mr Mahesh Kasana, Adv. Mr K.B.Rohtagi, Adv. Mr Aditya Kumar Archiya, Adv. Mr C.S.N.Mohan Rao, Adv. Ms Priyanka Rai, Adv. Mr Rajesh Goyal, Adv. Mr Braham Singh, Adv. For Respondent(s) Mr. Ravindra Kumar,Adv. Mr Raman Yadav, Adv. Mr Syed Mehdi Imam, Adv. Mr Ravindra Kumar, Adv. Mr Himanshu Tyagi, Adv. Ms Asha Gopalan Nair, Adv. Mr A Ramesh, Adv. Mr C.S.N.Mohan Rao, Adv. M/s. Lawyers Knit & Co. Mr S.B.Tripathi, Adv. Mr Deepak Goel, Adv. Mr Rishi Malhotra, Adv. Mr A.N.Singh, Adv. Mr Bhaskar Y Kulkarni, Adv. Mr Adarsh Upadhyay, Adv. -3- Item No.25 Ms Alka Sinha, Adv. Mr Anuvrat Sharma, Adv. Ms Ashlesha Srivastava, Adv. Mr Dheeraj Nair, Adv. Mr Abdhesh Chaudhary, Adv. Mr Rajiv Ranjan Dwivedi, Adv. Ms Tatini Basu, Adv. Ms Shomila Bakshi, Adv. UPON hearing counsel the Court made the following O R D E R SLP(C) NO.1082-83/2012

On behalf of respondent Nos. 1 and 2, the ld. Counsel, Ms Alka Sinha appearing on behalf of Mr Anuvrat Sharma, Advocate-on-record has accepted notice and undertaken to file vakalatnama and counter affidavit by next date. Three weeks' time is granted as final chance. Respondent No.3 has failed to file counter affidavit despite final chance granted on the last date. Respondent Nos. 4 to 8 have been deleted as per order of the Hon'ble Judge in Chambers passed on 13.8.2013. SLP(C) NO.2603,2612,2820 of 2012 In these batch of matters, respondents seem to have been duly served but none appeared on their behalf. However, further necessary orders would be passed as and when other connected matters would become ready. SLP(C) NO.3298/2012 Respondent Nos. 1 to 3 are reported to be duly served but none appeared on their behalf. Respondent No.4 has failed to file counter affidavit despite final chance granted on the last date. However, further necessary orders would be passed as and when other connected matters would become ready. -4- Item No.25 SLP(C) NO.6345/2012 Respondent No.1 is reported to be duly served but none appeared on his behalf. Notice be re issued to respondent NO.2 through the concerned District Court in addition to postal service. Respondent No.3 has failed to file counter affidavit despite final chance granted on the last date. SLP(C) NO.3473/2012 Respondent Nos. 1 and 6 are reported to be duly served through post but none appeared on their behalf. Respondent No.3 has failed to file counter affidavit within the time granted by the Court. The ld. Counsel for the petitioner to file process fee and spare copies within two weeks and on compliance notices be issued forthwith to respondent Nos. 2,4,5,7 and 8 through the concerned District Court in addition to postal service. SLP(C) NO.4249/2012 Notices be re issued to respondent Nos. 1 and 6 on filing process fee and spare copies within two weeks through the concerned District Court in addition to postal service. Respondent Nos. 2,4 and 8 are granted four weeks' time for filing counter affidavit. Respondent Nos. 3 and 5 are reported to be duly served through post but none appeared on their behalf. The ld. Counsel, Mr S.B.Tripathi appearing on behalf of Mr Deepak Goel, Advocate-on-record for respondent No.7 -5- Item No.25 has made a submission at Bar that counter affidavit on his behalf has been already filed on record. Registry to verify and report accordingly. SLP(C) NO.8439/2012 Respondent Nos. 1 and 3 are reported to be duly served through post but none appeared on their behalf. Respondent No.2 has failed to file counter affidavit despite final chance granted on the last date. However, further necessary orders would be passed as and when other connected matters would become ready. SLP(C) NO.7146/2012 Respondent No.1 being State authority be served through the standing counsel. Dasti allowed. Necessary steps as per rules be taken. Respondent No.2 has failed to file counter affidavit despite final chance granted on the last date. Respondent No.3 is reported to be duly served through post but none appeared on his behalf. SLP(C) NO.10597/2012 Respondent Nos. 1 and 2 are reported to be duly served through post but none appeared on their behalf. Respondent No.4 is granted four weeks' time for filing counter affidavit. Respondent Nos. 5,9 and 11 have already filed counter affidavit on record. Notices be re issued to respondent nos. 3,6 to 8,10,12 and 13 through the concerned District Court in -6- Item No.25 addition to postal service (process fee and spare copies be filed within two weeks). SLP(C) NO.16380/2012 Respondent Nos. 1,3 and 4 are reported to be duly served through post and dasti but none appeared on their behalf. Respondent No.2 has failed to file counter affidavit despite final chance granted on the last date. Service in respect of respondent Nos. 5 and 6 has been dispensed with by the order of the Hon'ble Court. SLP(C) NO.11879/2012 Respondent Nos. 1,3 and 4 are reported to be duly served through post but none appeared on their behalf. Respondent No.2 has failed to file counter affidavit despite final chance granted on the last date. Service on respondent Nos. 5 to 21 has been dispensed with as per order of the Hon'ble Court. SLP(C) NO.10052/2012 Respondent No.1 is reported to be duly served through post but none appeared on his behalf. Respondent Nos. 2 and 3 have failed to file counter affidavit despite final chance granted on the last date. Service on respondent Nos. 4 to 41 has been dispensed with as per order of the Hon'ble Court. SLP(C) NO.16336/2012 Respondent No.1 is reported to be duly served through post but none appeared on his behalf. -7- Item No.25 Respondent No.4 has failed to file counter affidavit within the time granted by the Court. Notices be re issued to respondent Nos. 2,3,5 to 7 on filing process fee and spare copies within two weeks through the concerned District Court in addition to postal service. SLP(C) NO.16007/2012 Respondent No.1 being State authority be served through the standing counsel. Dasti allowed. Necessary steps as per rules be taken. Respondent No.2 is reported to be duly served through post but none appeared on his behalf. Respondent No.3 has failed to file counter affidavit within the time granted by the Court. SLP(C) NO.4687/2012 Respondent Nos. 1,2,4,5 and 8 are reported to be duly served through dasti and Trial Court but none appeared on their behalf. Respondent Nos. 3,6 and 7 are granted four weeks' time as final chance for filing counter affidavit. SLP(C) NO.8851/2012 Notices be re issued to respondent Nos. 1,6 and 13 on filing process fee and spare copies within two weeks, through the concerned District Court in addition to postal service. Respondent Nos. 2 to 4 have failed to file counter affidavit despite final chance granted on the last date.

Item No.25 Respondent Nos. 5 and 7 to 12 are reported to be duly served through post but none appeared on their behalf. SLP(C) NO.4242/2012

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Respondent nos. 1 and 2 have been ordered to proceed ex parte as per order passed on 17.7.2013.

Registry to process the application for deleting respondent Nos. 3 to 12 from the array of respondents before the Hon'ble Judge in Chambers for necessary orders/directions. SLP(C) NO.3242/2012 Respondent Nos. 5 to 7 have been ordered to proceed ex parte as per order passed on 17.7.2013. On behalf of respondent No.4, the ld. Counsel, Mr Yogesh Kumar appearing on behalf of Mr Vishwa Pal Singh, Advocate-on-record has accepted notice and undertaken to file vakalatnama and counter affidavit by next date. Four weeks' time is granted. Counter affidavit on behalf of respondent No.8 has already come on record. On behalf of respondent Nos. 1 and 2, the ld. Counsel, Ms Alka Sinha appearing on behalf of Mr Anuvrat Sharma, Advocate-on-record has accepted notice and undertaken to file vakalatnama and counter affidavit by next date. Four weeks' time is granted. Respondent No.3 is granted four weeks' time as final chance for filing counter affidavit. -9- Item No.25 SLP(C) NO.13641-13642/2012 Respondent Nos. 1 and 2 are reported to be duly served through post but none appeared on their behalf. Respondent No.3 has failed to file counter affidavit within the time granted by the Court. However, further necessary orders would be passed as and when other connected matters would become ready. SLP(C) NO.11303/2012 Respondent Nos. 1 and 2 are reported to be duly served through standing counsel but none appeared on their behalf. Respondent No.3 has failed to file counter affidavit within the time granted by the Court. However, further necessary orders would be passed as and when other connected matters would become ready. SLP(C) NO.11304/2012 Respondent Nos. 1,3 and 4 are reported to be duly served but none appeared on their behalf. Respondent No.2 has failed to file counter affidavit within the time granted by the Court. However, further necessary orders would be passed as and when other connected matters would become ready. SLP(C) NO.5566/2012 Notices be re issued to respondent Nos. 1 to 3 through the concerned District Court in addition to postal service and in case State is a party it be served through the standing counsel. Fresh dasti allowed. Necessary steps as per rules be taken. -10- Item No.25 Respondent No.4 has failed to file counter affidavit within the time granted by the Court. SLP(C) NO.7815/2012 Respondent Nos. 1 and 2 are reported to be duly served through post but none appeared on their behalf. Notices be re issued to respondent Nos. 3,5,6,8,9 and 11 through the concerned District Court in addition to postal service. Respondent Nos. 4,7 and 10 are granted four weeks' time as final chance for filing counter affidavit. SLP(C) NO.7540/2012 Respondent Nos. 1,2 and 22 are granted four weeks' time as final chance for filing counter affidavit. Notices be issued to respondent Nos. 5,7,9,11,13,18 and 20 on filing process fee and spare copies within two weeks through the concerned District Court in addition to postal service. Remaining respondents are reported to be duly served but none appeared on their behalf. SLP(C) NO.37493/2012 Office report indicates that for want of process fee and spare copies notices to all the 79 respondents could not be issued. However, the ld. Counsel for the petitioner, Ms Priyanka Rai has made a submission at

Bar that respondent No.1-State of UP has been already duly served and

necessary proof has been already filed with the registry. She has further made a submission that an application for deleting respondent Nos. 5 to 79 has been -11- Item No.25 already moved on record and is updated for listing before the Hon'ble Judge in Chambers on 20.9.2013. Registry to ascertain, verify and submit proper report by next date. SLP(C) NO.37492/2012 None for the petitioner. The ld. Counsel for the petitioner to file process fee and spare copies within two weeks and on compliance notices be issued to all the 39 respondents through the concerned District Court in addition to postal service. SLP(C) NO.18104/2012 All the four respondents are reported to be duly served through post and Trial Court but none appeared on their behalf. However, further necessary orders would be passed as and when other connected matters would become ready. SLP(C) NO.7436/2012 Respondent No.1 is reported to be duly served through post but none appeared on his behalf. Respondent No.2 being State authority be served through the standing counsel. Dasti allowed. Necessary steps as per rules be taken. Respondent No.3 has failed to file counter affidavit within the time granted by the Court. SLP(C) NO.9748/2012 Notices be re issued to respondent Nos. 1,3 and 5 on filing process fee and spare copies within two weeks -12- Item No.25 through the concerned District Court in addition to postal service. Respondent No.2 is reported to be duly served through post but none appeared on his behalf. Respondent No.4 has failed to file counter affidavit within the time granted by the Court. SLP(C) NO.33860/2012 Respondent Nos. 1 to 3 are reported to be duly served through post but none appeared on their behalf. Notice be re issued to respondent No.4 through the concerned District Court in addition to postal service. SLP(C) NO.38289/2012 Notices be re issued to respondent Nos. 1 to 3 on filing process fee and spare copies within two weeks through the concerned District Court in addition to postal service. SLP(C) NO.27930/2012 Respondent Nos. 1,2,4 and 5 are reported to be duly served through post but none appeared on their behalf. Respondent No.3 is granted four weeks' time for filing counter affidavit. Complete set of pleadings has been received by him. SLP(C) NO.30590/2012 All the three respondents are reported to be duly served but none appeared on their behalf. However, further necessary orders would be passed as and when other connected matters would become ready. -13- Item No.25 SLP(C) NO.16674/2012 Respondent No.1 is reported to be duly served by post but none appeared on his behalf. The ld. Counsel, Mr Ravindra Kumar appearing for respondent Nos. 2 and 3 is granted four weeks' time as final chance for filing vakalatnama and counter affidavit on record. SLP(C) NO.16695/2012

Respondent No.1 is reported to be duly served but none appeared on his behalf.

The ld. Counsel, Mr Ravindra Kumar appearing for respondent Nos. 2 and 3 is granted four weeks' time as final chance for filing vakalatnama and counter affidavit on record. SLP(C) NO.26874-76/2012 Respondent Nos. 1 to 3 are reported to be duly served through post but none appeared on their behalf. However, further necessary orders would be passed as and when other connected matters would become ready. Registry to rectify the database so as to disclose the names of the ld. Advocates who have filed appearance. List again on 18.10.2013.

| | |(M.A.SAYEED) | | | |REGISTRAR |

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