Odisha Power Transmission Corp. Ltd vs. Sushil Kumar Nayak

Court:Supreme Court of India
Judge:Hon'ble Adarsh Kumar Goel
Case Status:Disposed
Order Date:3 Aug 2015
CNR:SCIN010072942014

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Section XIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL) NO. 11569 & 1157111640 OF 2014 AND CC Nos. 2112821199 WITH PRAYER FOR INTERIM RELIEF.

WITH

INTERLOCUTORY APPLICATION NO. 3

(Application for the intervention)

AND

INTERLOCUTORY APPLICATION NO. 4

(Application for permission to file additional document)

Odisha Power Transmission Corp. Ltd. & Anr. .....Petitioners Versus

Sushil Kumar Nayak & Anr ....Respondents

OFFICE REPORT

The matter abovementioned was listed before the Hon'ble Court on

29th August, 2014, when the Hon'ble Court was pleased to pass the following Order:

"Advocate-on-record for the petitioners in S.L.P. (Civil) Nos. 11571-11640 of 2014 is directed to take fresh steps for service on unserved respondent(s) within ten weeks. 3

Dasti, in addition to the ordinary process, is permitted.

Counter affidavit(s) may be filed by the contesting respondents within eight weeks.

Rejoinder affidavit, if any, may be filed by the petitioners within four weeks therefrom. List the matters thereafter."

It is submitted that upon filing of spare copies usual and dasti notice was issued to unserved Respondent Nos. 23, 29, 71 and 72 in SLP(C) 11571-11640 of 2014 and service position of both the matters is given as under:

SLP(C) 11569 of 2014

It is submitted that both respondents are represented through Mr. Mohit D. Ram and Mr. Shibashish Misra respectively. The Counsel for Respondent No. 1 has filed Counter Affidavit. He has also filed application for permission to file

additional document and the same are registered as I.A. No. 4 which are included in the paper-books.

It is also submitted that Mr. Anil Kumar Tandale, Advocate has filed an application for intervention (Registered as I.A. No. 3)(and the same is included in the paper-books for the kind perusual of the Hon'ble Court).

Service of notice is complete.

SLP(C) No. 11571-11640 of 2014

There are 72 respondents in this matter. Mr. D. Ram, Advocate has filed Vakalatnama/Appearance on behalf of Respondent Nos. 1, 3, 5, 6, 9, 11, 13, 15, 16, 18, 20, 21, 30, 31, 33, 36, 39, 45, 47, 48, 50, 53, 56, 5861, 65, 66, 68 and 69 and he has vide letter dated 08.10.2014 submitted that counter affidavit on behalf of Respondent No. 1 in SLP(C) no. 11569 of 2014 may be found applicable on behalf of the respondents in the instant mattter.

It is submitted that the Respondent No. 2, (State of Orissa) is common in both SLPs Nos. 11569 and 1157111640 of 2014 are represented through Mr. Shibashish Mishra, Advocate but counter affidavit has not been filed so far. Respondent Nos. 4, 44, 63 and 23 are represented through M/s Shudhanshu Palo, Y. Raj Gopal Rao, Vinod Kanna and Mr. Namita Sharma, Advocates but they have not filed their respective counter affidavits so far. Respondent Nos. 10, 14, 24, 25, 26, 27, 28, 32, 34, 35, 40, 41, 43, 46, 49, 51, 52, 57, 62, 64, 67 and 70 are represented through Mr. Ashok Panigrahi, Advocate and he has filed the Counter affidavit on behalf of Respondent No.27 and the same is circulated herewith.

A.D cards duly signed have received in respect of Respondent Nos. 17 and 22 and no one has chosen to enter Vakalatnama/Appearance entered appearance on their behalf so far.

Mr. Anil Kumar Tandale, Advocate has filed Vakalatnama/Appearance on behalf of Respondent Nos. 19, 29, 42, 71 and 72 but has not filed the counter affidavit so far.

Service of show cause notice is complete in both the matters.

SLP(C) No. …....... CC No. 21128-21199 of 2014

The matter abovementioned was listed before the Hon'ble Court on 02nd July, 2015, when the Hon'ble Court was pleased to pass the following Order:

"To be heard on 3 rd August, 2015 alongwith SLP(C) NO. 11569 of 2014 @ SLP(C) No. ….....CC No. 5671 of 2014."

The matters above mentioned are listed before the Hon'ble Court with this office report.

Dated this the 31st day of July, 2015.

Sd/ ASSISTANT REGISTRAR

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