Union Of India Etc vs. Benara International And Ors Etc
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SECTION – XVIA
IN THE SUPREME COURT OF INDIA LISTED On : 13.02.2017 CIVIL ORIGINAL JURISDICTION Ld. Registrar Ct. No : 2
ITEM No. : 16
TRANSFER PETITION (CIVIL) NOS. 1473 1531 OF 2016 WITH INTERLOCUTORY APPLICATION NOS. 1 59 OF 2016 (Applications for Stay)
UNION OF INDIA ETC. ...Petitioners
VERSUS
M/S. UFLEX LIMITED & ORS. ETC. ETC. ...Respondents
OFFICE REPORT
The Transfer Petitions above mentioned were listed before the Hon'ble Court on 30th September 2016, when the Court was pleased to pass the following Order:
"Heard the learned counsel for the petitioners and perused the relevant material. Issue notice, returnable in four weeks. Tag with Transfer Petition (Civil) No.1456 1461 of 2016."
Accordingly, the matter is tagged with Transfer Petitions (Civil) Nos. 1456 – 1461 of 2016 which are tagged with Transfer Petitions (Civil) Nos. 884 895 of 2016, pursuant to Hon'ble Court's Order dated 26th September, 2016.
Thereafter, the Transfer Petitions abovementioned were listed before the Ld. Registrar Court on 15th November 2016, when he was pleased to pass the following Order :
"Ld.counsel for the petitioner has filed the requisites after the period prescribed for such filing. The delay has been satisfactorily explained by the Ld.counsel. Therefore, the same is condoned, and, accordingly, notice shall be issued to the respondents with utmost dispatch."
Accordingly, notice was issued to all the respondents returnable on 13th February, 2017 through the concerned High Courts on 19th December 2016, 20th December 2016, 22nd December 2016 and 23rd December 2016.
Service position of each matter is as under :
TRANSFER PETITION (CIVIL) Nos. 1473, 1474, 1475, 1476, 1477, 1478, 1479, 1480, 1481, 1482, 1483, 1484, 1485, 1486 of 2016
It is submitted that status reports have not been received from the High Court of Judicature at Allahabad in the matters abovementioned so far.
TRANSFER PETITION (CIVIL) No. 1473 of 2016
There are three respondents in this matter.
It is submitted that Mr. Arun K. Sinha, Advocate has on 19th January, 2017 filed Vakalatnama and Memo of appearance on behalf of respondent no. 1.
It is further submitted that certificate of service has been received in respect of respondent nos. 2 & 3 from the concerned High Court after serving the notice to respondent nos. 2 & 3 on 16.01.2017 through office, but no one has entered appearance on their behalf so far.
Service of show cause notice is complete on all the three respondents.
TRANSFER PETITION (CIVIL) Nos. 1474 , 1475 & 1476 of 2016
There are four respondents each in each of these matters.
It is submitted that Mrs. Rachna Gupta, Advocate has on 6th February, 2017 filed Vakalatnama and Memo of appearance on behalf of respondent nos. 1 in T.P. Nos. 1474 & 1475 of 2016 and certificate of service is received in respect of respondent no. 1 in T.P. (C) No. 1476 of 2016 after serving the notice on respondent no. 1 in T.P. (C) No. 1476 of 2016 on 12.01.2017.
It is further submitted that certificate of service has been received in respect of respondent nos. 2 in T.P. Nos. 1474, 1475 & 1476 of 2016 after serving the notices on 21.01.2017, but no one has entered appearance on their behalf so far.
It is also submitted that respondent nos. 3 & 4 in each T.P. abovementioned is same as respondent nos. 2 & 3 in T.P. No. 1473 of 2016, in which certificate of service has been received.
Service of show cause notice is complete on all the four respondents.
TRANSFER PETITION (CIVIL) No. 1477 of 2016
There are three respondents in this matter.
It is submitted that certificate of service has been received in respect of respondent no. 1 after serving the notice on respondent no. 1 on 21.01.2017, but no one has entered appearance on his behalf so far. Contd...3/
It is further submitted that respondent no. 2 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
It is also submitted that certificate of service is awaited in respect of respondent no. 3.
Service of show cause notice is not complete on respondent no. 3.
TRANSFER PETITION (CIVIL) No. 1478 of 2016
There are three respondents in this matter.
It is submitted that certificate of service has not been received in respect of respect of respondent no. 1 so far.
It is further submitted that respondent nos. 2 & 3 are same as respondent nos. 2 & 3 in T.P. No. 1473 of 2016, in which certificate of service has been received.
Service of show cause notice is not complete on respondent no. 1.
TRANSFER PETITION (CIVIL) No. 1479 of 2016
There are three respondents in this matter.
It is submitted that certificate of service has been received in respect of respondent nos. 1 & 3 after serving the notice on respondent nos. 1 & 3 on 06.02.2017 and 16.01.2017, respectively, but no one has entered appearance on their behalf so far.
It is further submitted that respondent no. 2 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
Service of show cause notice is complete on all the three respondents.
TRANSFER PETITION (CIVIL) No. 1480 of 2016
There are three respondents in this matter.
It is submitted that certificate of service has been received in respect of respondent no. 1 after serving the notice on respondent no. 1 on 18.01.2017, but no one has entered appearance on his behalf so far.
It is further submitted that respondent no. 2 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
It is also submitted that respondent no. 3 is same as respondent no. 3 in T.P. (C) No. 1479 of 2016, in which certificate of service has been received.
Service of show cause notice is complete on all the three respondents.
Contd...4/
TRANSFER PETITION (CIVIL) No. 1481 of 2016
There are three respondents in this matter.
It is submitted that certificate of service has been received in respect of respondent no. 1 after serving the notice on respondent no. 1 on 18.01.2017, but no one has entered appearance on his behalf so far.
It is further submitted that respondent no. 2 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
It is also submitted that respondent no. 3 is same as respondent no. 3 in T.P. (C) No. 1479 of 2016, in which certificate of service has been received.
Service of show cause notice is complete on all the three respondents.
TRANSFER PETITION (CIVIL) No. 1482 of 2016
There are three respondents in this matter.
It is submitted that certificate of service has been received in respect of respondent no. 1 after serving the notice on respondent no. 1 on 17.01.2017, but no one has entered appearance on his behalf so far.
It is further submitted that respondent no. 2 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
It is also submitted that respondent no. 3 is same as respondent no. 3 in T.P. (C) No. 1479 of 2016, in which certificate of service has been received.
Service of show cause notice is complete on all the three respondents.
TRANSFER PETITION (CIVIL) No. 1483 of 2016
There are three respondents in this matter.
It is submitted that certificate of service has been received in respect of respondent no. 1 after serving the notice on respondent no. 1 on 17.01.2017, but no one has entered appearance on his behalf so far.
It is further submitted that respondent no. 2 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
It is also submitted that respondent no. 3 is same as respondent no. 3 in
T.P. (C) No. 1479 of 2016, in which certificate of service has been received.
Service of show cause notice is complete on all the three respondents.
TRANSFER PETITION (CIVIL) No. 1484 of 2016
There are ten respondents in this matter. Contd...5/
It is submitted that certificate of service has been received in respect of respondent nos. 3 to 6 and 9 to 10 after duly serving the notice on respondent no. 3 on 23.01.2017, respondent nos. 4 to 6 and 10 on 16.01.2017 and respondent no. 9 on 17.01.2017, but no one has entered appearance on their behalf so far.
It is further submitted that certificate of service is awaited in respect of respondent nos. 1 to 2.
It is also submitted that certificate of service is awaited in respect of respondent no. 8, which is same as respondent no. 3 in T.P. (C) No. 1477 of 2016.
It is lastly submitted that respondent no. 7 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
Service of show cause notice is not complete on respondent nos. 1 , 2 & 8.
TRANSFER PETITION (CIVIL) No. 1485 of 2016
There are four respondents in this matter.
It is submitted that certificate of service has been received in respect of respondent nos. 1 to 2 and 4 after duly serving the notice on respondent nos. 1 & 2 on 13.01.2017, on respondent no. 4 on 16.01.2017, but no one has entered appearance on their behalf so far.
It is further submitted that respondent no. 3 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
Service of show cause notice is complete on all the three respondents.
TRANSFER PETITION (CIVIL) No. 1486 of 2016
There are three respondents in this matter.
It is submitted that certificate of service has been received in respect of respondent no. 1 after serving the notice on respondent no. 1 on 25.01.2017, but no one has entered appearance on his behalf so far.
It is further submitted that respondent no. 2 is same as respondent no. 3 in T.P. (C) No. 1473 of 2016, in which certificate of service has been received.
It is also submitted that respondent no. 3 is same as respondent no. 3 in T.P. (C) No. 1479 of 2016, in which certificate of service has been received.
Service of show cause notice is complete on all the three respondents.
TRANSFER PETITION (CIVIL) No. 1487 of 2016
There is sole respondent in this matter.
It is submitted that certificate of service in respect of sole respondent has been received from the concerned High Court after duly serving the notice to sole respondent on 26.12.2016 through Mr. Manish, the concerned dak receiving officer but no one has filed Vakalatnama and Memo of appearance on behalf of sole respondent so far.
It is further submitted that the status report dated 06.01.2017 has been received from the High Court of Delhi at New Delhi stating therein that Writ Petition (Civil) No. 2364 of 2016 is pending.
Service of show cause notice is complete on the sole respondent.
TRANSFER PETITION (CIVIL) No. 1488 of 2016
There are three respondents in this matter.
It is submitted that M/s. S. S. Rana & Co., Advocates has on 10th February,
2017 filed Vakalatnama and Memo of appearance on behalf of respondent no. 1.
It is further submitted that certificate of service is awaited in respect of respondent nos. 2 & 3 from the concerned High Court.
It is also submitted that the status report dated 06.01.2017 has been received from the High Court of Judicature at Hyderabad stating therein that Writ Petition No. 10387 of 2016 is pending.
Service of show cause notice is not complete on respondent nos. 2 & 3.
TRANSFER PETITION (CIVIL) No. 1489 of 2016
There are four respondents in this matter.
It is submitted that certificate of service has not been received in respect of all the four respondents from the concerned High Court so far.
It is further submitted that the status report dated 06.01.2017 has been received from the High Court of Judicature at Hyderabad stating therein that Writ Petition No. 12350 of 2016 is pending.
Service of show cause notice is not complete on all the four respondents.
Contd...7/
TRANSFER PETITION (CIVIL) Nos. 1490 1491 of 2016
There are two respondents in this matter.
It is submitted that M/s. Karanjawala & Co., Advocates has on 10th February, 2017 filed Vakalatnama and Memo of appearance on behalf of respondent no. 1.
It is further submitted that certificate of service is awaited in respect of respondent no. 2 from the concerned High Court.
It is also submitted that the status report dated 30.01.2017 has been received from the High Court of Karnataka at Bengaluru stating therein that Writ Petition Nos. 11112 13 of 2016 is pending.
Service of show cause notice is not complete on respondent no. 2.
TRANSFER PETITION (CIVIL) Nos. 1492 – 1494, 1495, 1496, 1497 – 1511 & 1512 of 2016
It is submitted that certificate of service in respect of all the respondents has not been received from High Court of Karnataka at Bengaluru in the matters abovementioned, explained below.
TRANSFER PETITION (CIVIL) Nos. 1492 1494 of 2016
There are three respondents in this matter.
It is submitted that the status report dated 30.01.2017 has been received from the High Court of Karnataka at Bengaluru stating therein that Writ Petition Nos. 10856 58 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1495 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 30.01.2017 has been received from the High Court of Karnataka at Bengaluru stating therein that Writ Petition No. 9236 of 2016 (L) is pending.
TRANSFER PETITION (CIVIL) No. 1496 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 30.01.2017 has been received from the High Court of Karnataka at Bengaluru stating therein that Writ Petition No. 6002 of 2016 is pending.
TRANSFER PETITION (CIVIL) Nos. 1497 1511 of 2016
There are fifteen respondents in this matter.
It is submitted that the status report dated 30.01.2017 has been received from the High Court of Karnataka at Bengaluru stating therein that Writ Petition Nos. 13597 13611 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1512 of 2016
There are twenty three respondents in this matter.
It is submitted that the status report dated 30.01.2017 has been received from the High Court of Karnataka at Bengaluru stating therein that Writ Petition No. 14551 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1513 of 2016
There is sole respondent in this matter.
It is submitted that Mr. Prakash Ranjan Nayak, Advocate has on 8th February, 2017 filed Vakalatnama and Memo of appearance on behalf of sole respondent.
It is submitted that the status report dated 13.01.2017 has been received from the High Court of Kerala at Ernakulum stating therein that Writ Petition (C) No. 10186 of 2016 is pending.
Service of show cause notice is complete on the sole respondent.
TRANSFER PETITION (CIVIL) Nos. 1514 & 1515 of 2016
There are two respondents each in each of these matters.
It is submitted that neither certificate of service nor status report has been received from the High Court of Calcutta so far.
Service of show cause notice is not complete.
TRANSFER PETITION (CIVIL) Nos. 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527 & 1531 of 2016
It is submitted that certificate of service in respect of all the respondents has not been received from High Court of Judicature at Madras in the matters abovementioned, explained below.
TRANSFER PETITION (CIVIL) No. 1516 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 10337 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1517 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 11013 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1518 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 9007 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1519 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 8930 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1520 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 8946 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1521 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 8947 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1522 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 8948 of 2016 is pending. Contd...10/
TRANSFER PETITION (CIVIL) No. 1523 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 12334 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1524 of 2016
There are nineteen respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 12483 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1525 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 10336 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1526 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 13212 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1527 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 15575 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1531 of 2016
There is sole respondent in this matter.
It is submitted that the status report dated 24.01.2017 has been received from the High Court of Judicature at Madras stating therein that Writ Petition No. 16200 of 2016 is pending.
TRANSFER PETITION (CIVIL) No. 1528 of 2016
There are two respondents in this matter.
It is submitted that the Mr. Gopal Jha, Advocate has on 6th February, 2017 filed Vakalatnama and Memo of appearance on behalf of respondent no. 1.
It is further submitted that certificate of service has not been received in respect of respondent no. 2 from the concerned High Court so far.
It is also submitted that status report in respect of D. B. Writ Petition No. 3621 of 2016 has not been received from the High Court of Rajasthan at Jaipur so far.
Service of show cause notice is not complete on respondent no. 2.
TRANSFER PETITION (CIVIL) No. 1529 of 2016
There is sole respondent in this matter.
It is submitted that certificate of service in respect of sole respondent has not been received from the concerned High Court so far.
It is further submitted that the status report dated 09.01.2017 has been received from the High Court of Gujarat at Ahmedabad stating therein that Special Civil Application No. 5207 of 2016 is pending.
Service of show cause notice is not complete on the sole respondent.
TRANSFER PETITION (CIVIL) No. 1530 of 2016
There are two respondents in this matter.
It is submitted that the Ms. Meera Mathur, Advocate has on 1st February, 2017 filed Vakalatnama and Memo of appearance on behalf of respondent no. 2.
It is further submitted that certificate of service has been received in respect of respondent no. 1 from the concerned High Court after serving notice on respondent no. 1 on 25.1.2017 through clerk, but no one has entered appearance on his behalf so far.
It is also submitted that status report in respect of Writ Petition (Civil) No. 2859 of 2016 has not been received from the High Court of Punjab & Haryana at Chandigarh so far.
Service of show cause notice is complete on both the respondents.
TRANSFER PETITION (CIVIL) NOS. 1473 1531 OF 2016
The matters abovementioned are listed before the Ld. Registrar Court with this Office Report. Contd...12/
Dated this the 11th day of February, 2017.
ASSISTANT REGISTRAR
Copy to : 1. Mr. G. S. Makker, Advocate
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- Mr. Arun K. Sinha, Advocate
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- Mrs. Rachna Gupta, Advocate
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- M/s. S. S. Rana & Co., Advocates
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- M/s. Karanjawala & Co, Advocates
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- Mr. Prakash Ranjan Nayak, Advocate
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- Mr. Gopal Jha, Advocate
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- Ms. Meera Mathur, Advocate