Moser Baer Energy Development Ltd(Now Porbandar Solar Power Ltd) Through Its Authorised Signatory Manish Verma vs. Gujarat Urja Vikas Nigam Ltd . Through Its General Manager (C0mm. )
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
24 Apr 2015
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Order Text
SECTION XVII
MATTER FOR : R/COURT NO. ITEM NO.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10301 OF 2014 and 4037 of 2015
Gujarat Urja Vikas Nigam Ltd.. ...Appellant
VERSUS
Gujarat Electricity Regulatory Commission & ors. ...Respondent OFFICE REPORT
The matter above mentioned was listed before the Ld. Registrar Court on 24th April, 2015 when the Court was pleased to pass the following order:
"The Learned counsel for the respondent No. 17 has stated that the petitioner has not provided the copies of the pleadings to him. The learned counsel for appellant is directed to provide the copies of the pleadings to the learned counsel within a weeks' time and file proof. The respondent shall file the Counter Affidavit within a period of four weeks, thereafter.
Dr. Richa Awashti, Ld. Advocate has appeared on behalf of the respondent No. 79. She seeks and is given four weeks time to file the vakalatnama and the counter affidavit. The other served respondents shall also be at liberty to file the counter affidavit within a period of four weeks.
The office report indicates that the counter affidavit filed by the learned counsel for the respondent Nos.30,16,29,40,60,67, 74, 76 and 78 is defective. The learned counsel shall within a period of four weeks cure the defects whatever have been found in the said counter affidavit whereafter no further extension shall be given.
List again on 13.8.2015."
It is submitted that Counsel for the appellant has not filed proof of service of pleadigs to cousel of respondent no. 17. Dr. Richa Awasthi, have not filed vakalatnama and counter affidavit on behalf of respondent no. 79. Mr. Anirban Bhattacharya, Advocate has on 24.04.15 filed counter affidavit on behalf of respondent nos. 12,21,30 and 47. M/s Khaitan & Co, advocates has entered appearance on behalf of respondent no. 55. Counsel for respondnet no. 31 and 39 have filed counter affidavit. Mr. Yashpal Dhingra, Advocate has entered appearance on behalf of respondent no. 35. Mr. Shekhar Prit Jha, Advocate has on 30.07.15 filed reply on behalf of respondent no. 77 but the same is defective as the copy is not served to other respondents. Mr. Jitendra Kumar, Advocate has on 01.08.2015 filed vakalatnama on behalf of respondent no. 27 but the same is defective as the vakalatnama does not bear the rubber stamp of the Company respondent. Counsel for respondent no. 40, 16,29,67 and 78 have cured the defects in the counter affidavit they filed.
CIVIL APPEAL NO. 4037 OF 2015
The matter above mentioned was listed before the Hon'ble Court on 24th April, 2015 when the Court was pleased to pass the following order:
"Delay condoned. Appeal admitted. Tag with C.A. No. 10301/2014."
It is submitted that NLPA was issued to all the 81 respondents through Tribunal.M/S Khaitan & Co., Parekh & Co.,Naveen Kumar and Yashpal Dhingra, Advocates have entered appearance on behalf of respondent no. 55, 31, 40 and 35 but have not filed counter affidavit. Letter dated 15.07.2015 is received from the Tribunal with the following Service reports:
Respondent nos. | Reason/Remark |
---|---|
8, 16, 28 and 59 | Door Locked – Intimation served |
10, 12 and 26 | Unclaimed |
11 and 44 | Addresse moved |
22, 77 and 80 | Insufficient Address |
65 | Service returned – Improper name & Address |
68 | Service returned , unclaimed |
79 | Missent |
The matters abovementioned are listed before the Ld. Registrar Court with this Office Report.
Dated this the 12th day August, 2015.
ASSISTANT REGISTRAR
Copy to : Ms. Hemantika Wahi, Adv.
- Mr. Sakya Singh Chaudhari, Adv.
- Mr. Pukhrambam Ramesh Kumar, Adv.
- Ms. Manisha T. Karia, Adv.
- Mr. E.C. Agrawala, Adv.
- Mr. Rupesh Kumar, Adv.
- Mr. Anirban Bhattacharya, Adv.
- Mr. Mr. Naveen Kumar, Adv.
- Mr. Jitendra Kumar, Adv.
- Mr. N.L. Ganapathi, Adv.
- Mr. Umesh Kumar Khaitan, Advocate
- M/s Parekh & Co., Advocate
- Mr. Yashpal Dhingra, Advocate
ASSISTANT REGISTRAR