M Jayamma vs. Union Of India
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
28 Apr 2014
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Order Text
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.13231344 of 2011 WITH CIVIL APPEAL NOS. 1359, 11195 OF 2011 AND 30873088 OF 2015
Union of India & Ors. etc.etc. ... Appellants
Versus-
M/s Lifestyle International P. Ltd. & Ors. .. Respondents
OFFICE REPORT
The office report regarding service position was listed before the Ld. Registrar's
Court on 10th March, 2016, when he was pleased to pass the following Order:
"CIVIL APPEAL NOS. 13231344/2011
Despite last opportunity having been granted, the appellant has not furnished fresh address of sole respondent in CA Nos. 1326, 1344, 1338 and 1329 of 2011 and respondent no. 1 and 2 in CA No. 1335/2011 and both the respondents in CA No. 1339/2011.
As such, Registry to process the matter for listing before Hon'ble Judgeinchamber.
CIVIL APPEAL NOS. 1359/2011
Despite last opportunity having been granted, the appellant has not taken fresh steps for service of respondent nos. 5, 10 and 12.
As such, Registry to process the matter for listing before Hon'ble Judgeinchamber.
CIVIL APPEAL NOS. 3087/2015
Service is complete but none appears for any of the respondents.
As such, Registry to process the matter for listing before Hon'ble Court.
List again on 05.07.2016. "
Service Position of each matter is as under:
CIVIL APPEAL NOS. 13231344 OF 2011
It is submitted that Counsel for the appellant has on 5th April, 2016 filed fresh and complete address and spare copies of petition of Appeal in respect of unserved respondents viz. Common sole respondent in C.A. Nos. 1326 and 1334, Sole respondent in C.A. No. 1329 of 2011, Respondent Nos. 1 and 2 in C.A. No 1335 of
2011, Respondent No. 1 in C.A. No. 1339 of 2011 and Respondent Nos. 2 and 3 in C.A. No. 1339 of 2011.
Notice of Lodgement of Petition of Appeal was issued to all the unserved respondents through High Court on 11th May, 2016, but Certificate of service has not been received from the High Court so far.
It is submitted that certificate of service has been received from the High Court in respect of sole respondent in C.A. No. 1338 of 2011, which shows that "company does not exist". Counsel for the appellant has not filed fresh and complete address so far.
CIVIL APPEAL No. 1359 of 2011
It is submitted that counsel for the appellant has on 5th April, 2016 filed fresh and complete address of unserved respondent Nos. 5, 10 and 12. Notice of Lodgement of Petition of Appeal was issued to the unserved respondents through High Court on 3rd May, 2016. Certificate of service has been received from the High Court on unserved respondent Nos. 5, 10 and 12, which shows that notice has been served on respondent No. 5 on 9th May, 2016 and Respondent No. 12 on 12th May, 2016, Respondent No. 10 has been returned unserved with remarks that Respondent No. 10 Sh. Mohinder Jeet Singh does not reside at this address and he was tenant in the said property and left 15 years back. Letter has been issued to the Counsel for the appellant for filing fresh and complete address on Respondent No. 10 on 1st July, 2016. Service of notice is complete on Respondent Nos. 5 and 12.
CIVIL APPEAL No. 11195 of 2011
It is submitted that there are four respondents. Service of Notice of Lodgement of Petition of Appeal is complete on all the four respondents as Mr. B.K. Prasad, Advocate has filed Vakalatnama/Appearance and Counter Affidavit on behalf of the said respondents.
It is further submitted that Counsel for the appellant as well as counsel for the respondent has not filed statement of case. Time granted has already been expired as per amended rules. Appeal is ready for hearing.
C.A. NOS. 30873088 OF 2015
It is submitted that Service of Notice is complete on all the four Respondents, but no one has filed Vakalatnama/ Appearance on behalf of Respondents.
It is further submitted that Notice for filing the Statement of Case has been issued on 6th April, 2016 to the Appellant, but he has not filed Statement of Case so far.
The Office Report is listed before the Ld. Registrar Court.
Dated this the 4th day of July, 2016.
ASSISTANT REGISTRAR
Copy to:
-
- Mr. B.K.Prasad, Advocate, Central Agency Section.
-
- Mr. E.C. Agrawala, Advocate 48, Lawyer's Chambers
-
- M/s O. P. Khaitan & Co., Advocates B1, Defence Colony, New Delhi024
-
- Mr. Sanjay Jain, Advocates 95, Lawyers Chambers
-
- Mr. Chirag M. Shroff, Advocates Chamber No. 92
ASSISTANT REGISTRAR
C2