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 :
COURT NO. ITEM NO.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4037 OF 2015
Moser Baer Energy Development Ltd. ...Appellant
VERSUS
Gujarat Urja Vikas Nigam Ltd & Ors. ...Respondents
OFFICE REPORT
The matter above mentioned was then listed before the Ld. Registrar Court on
19.01.2016, When the Court was pleased to pass the following order:
"Service of respondent Nos. 10, 13, 17, 18, 21, 29, 39, 47,67,73, 74, 76 & 77 is deemed complete being common respondents and they are represented through counsel in the main matter. These respondents may file the counter affidavit within four weeks in this matter also in case they intend to do so. Ld.counsel for the petitioner has already filed the fresh address of the respondent Nos.8,10, 11, 16, 22, 26,28,44, 59, 65,68,77, 79 & 80 but he has failed to file the spare copies, in spite of last chance granted. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions.Await orders and list thereafter. In the meantime, await certificate of service in respect of the other unserved respondents."
It is submitted that there are 81 respondents in the matter. Respondent nos. 13,21,26,30,31,35,40,55, 60 and 73 are represented by their respective counsels .Service on respondent Nos. 10,17,18,29,74,76 and 77 is deemed complete vide Ld. Registrar Court's Order dated 19.01.2016. Certificate of services has been received in respect of respondent Nos. 1 to 7, 12, 14,16,22 to 25,33,37, 39, 41, 43 to 48, 50, 52, 61,64,66,67,71, and 81 but no one has entered appearance on their behalf. Counsel for the appellant has on 14.01.2016 filed fresh particulars of the respondent Nos. 8, 11, 22,26,28,44, 59, 65,68, 79 & 80 . Hence, Fresh notice was issued to respondent Nos. 8, 11, 22,26,28,44, 59, 65,68, 79 & 80 through Tribunal after the delay was condoned by Hon'ble Judge in Chambers in filing the spare copies vide order dated 07.04.2016.
It is further submitted that Letter has been received from the Tribunal with the following Service reports for respondent Nos. 11,65,68 and 80 on which fresh notices were sent with new addresses provided by the Appellant:
| Respondent nos. | Reason/Remark |
|---|---|
| 11 | Unclaimed |
| 65 | Door Locked – Intimation served |
| 68 | Door Locked – Intimation served |
| 80 | Insufficient Address |
| 27 | Addressee moved |
| 78 | Insufficient Address |
| 34 | Addressee moved |
Service is incomplete in the matter.
The matter above mentioned is listed before the Ld. Registrar Court with this office report.
DATED THIS THE 24th DAY OF AUGUST, 2016.
ASSISTANT REGISTRAR
Copy to : Mr. Sakya Singh Chaudhari, Adv. M/s Khaitan & Co., Advocates M/s Parekh & Co., Advocate Mr. Naveen Kumar, Adv. Mr. Yashpal Dhingra, Advocate Mr. E.C. Agrawala, Adv. Mr. Rupesh Kumar, Adv. Mr. Anirban Bhattacharya, Adv. Mr. Nar Hari Singh, Advocate ASSISTANT REGISTRAR