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 NOS. 1456, 1461, 2621, 2738 & 3665 OF 2012 AND 5006 OF 2014
Cottage Industries Exposition Ltd. & Ors. ... Appellants
Versus-
Union of India & Ors. ... Respondents
OFFICE REPORT ON DEFAULT
The office report regarding service position was listed before Learned Registrar's Court on 10th March, 2016 when the following order was passed:
"CIVIL APPEAL NO. 1456/2012
Three weeks time, as last opportunity is granted for filing spare copy for service of respondent no. 67 and Notice be issued thereafter.
Await service of respondent nos. 54 and 55 from the Hon'ble High Court and reminder be issued to this effect.
Three weeks time, as last opportunity is granted for furnishing fresh address of respondent nos. 9, 17, 18, 51, 60, 41 and 42. Notice be issued thereafter.
Despite last opportunity having been granted, application for substitution of Lrs. Of deceased respondent no. 57 has not been filed.
As such, Registry to process the matter for listing before Hon'ble Judgeinchamber.
CIVIL APPEAL NO. 1461/2012
Despite last opportunity having been granted for furnishing fresh address of respondent nos. 8, 37 and 38 and for making application for bringing Lrs. of deceased respondent no. 11 on record, the steps have not been taken nor the application has been filed.
As such, Registry to process the matter for listing before Hon'ble Judgeinchamber.
CIVIL APPEAL NO. 2621/2012
Despite last opportunity having been granted for furnishing complete address of respondent nos. 13, 14, 16, 2527, 44, 47, 68, 72, 90, 102, 117, 138, 142, 147, 154, 161, 163 the address has not been furnished and also despite last opportunity having been granted, steps in terms of Govt. OM F.No. 12(77)/10Judl. have not been taken in respect of respondent nos. 108, 115117.
As such, Registry to process the matter for listing before Hon'ble Judgeinchamber.
Application for substitution of Lrs. Of deceased respondent nos. 15, 73, 88, 89, 98, 134, 137, 139, 141, 145, 152 and 153 has not been filed despite last opportunity having been granted.
As such, Registry to process the matter for listing before Judgeinchamber on this ground also.
Await certificate of service in respect of respondent nos. 74 and 75 from the Hon'ble High Court and reminder be issued to this effect.
CIVIL APPEAL NO. 2738/2012
Despite last opportunity having been granted for furnishing fresh address of respondent nos. 58, 13, 2024, 28 and 29, address has not been furnished.
Await certificate of service in respect of respondent no.33 from the Hon'ble High Court and reminder be issued to this effect.
As such, Registry to process the matter for listing before Hon'ble Judgeinchamber.
CIVIL APPEAL NO. 3665/2012
Opportunity to respondent nos. 14 to file counter affidavit has already been declined.
Application for deletion of respondent no. 7 has not been filed despite last opportunity having been granted.
As such, Registry to process the matter for listing before Hon'ble Judgeinchamber.
CIVIL APPEAL NO. 5006/2014
Despite last opportunity having been granted for making application for substitution of Lrs. Of respondent nos. 7, 8, 20, 23, 25, 27, 44, 115, 120, 138, 140 and 141 the application has not been filed and also despite last opportunity having been granted, fresh steps for service of respondent no. 6 have not been taken.
As such, Registry to process the matter for listing before Hon'ble Judgeinchamber."
Status in each of the matter is as under:
CIVIL APPEAL NO.1456 OF 2012
It is submitted that reminder dated 19th July, 2016 was sent to the High Court of Delhi for forwarding the certificate of service in respect of respondent nos. 54, 55 and 67 but the same has not been received from the High Court. Counsel for the appellant has not furnished the better particulars of respondent nos. 9, 17, 18, 51, 60, 41, 42 so far.
It is further submitted that counsel for the appellant has also not filed application for substitution, in respect of respondent no. 57
CIVIL APPEAL No.1461 OF 2012
It is submitted that counsel for the appellant has not furnished fresh address of unserved respondent nos. 8, 37 and 38 and he has also not filed an application for substitution for bringing on record legal representatives of deceased respondent no. 11 so far.
C.A. No. 2621 OF 2012
It is submitted that counsel for the appellant has not furnished latest and fresh complete addresses of unserved respondent nos. 13, 14, 16, 2527, 44, 47, 68, 72, 90, 102, 117, 138, 142, 147, 154, 161,163. He has also not taken steps in accordance with the government O.M. F.No. 12(77)/10Judl. dated August 2011, to effect service on respondent nos. 115117, 108 who are residing abroad.
It is further submitted that Counsel for the appellant has not filed application for substitution to bring on record the legal representatives of the deceased respondent nos. 15, 73, 88, 89, 98, 134, 137, 139, 141, 145, 152 and 153 on record.
Certificate of service has not been received from the High Court in respect of Respondent Nos. 74 and 75 despite registry's reminder dated 2nd July, 2016.
C.A. No. 2738 OF 2012
It is submitted that counsel for the appellant has not furnished fresh addresses of unserved respondent nos. 58, 13, 2024, 28 and 29.
It is further submitted that High Court of Delhi has on 25th April, 2016 forwarded Certificate of Service in respect of Respondent Nos. 33 which shows that notice has been served on the said respondent on 23rd March, 2015.
C.A.No. 3665 OF 2012
It is submitted that Counsel for the appellant has not filed Application for deletion the name of Respondent No.7 from the array of parties so far.
It is further submitted that Counsel for Respondent Nos. 1 to 4 has not filed counter affidavit so far.
C.A. No. 5006 OF 2014
It is submitted that Counsel for the appellant has not filed application for substitution for bringing on record the legal representatives of deceased respondent nos.7,8,20,23, 25, 27, 44, 115, 120, 138, 140 and 141 so far.
It is further submitted that Counsel for the appellant has not taken steps for service of notice in respect of respondent no. 6 so far.
The office report on default is listed before the Hon'ble Judge in Chamber for Orders.
Dated this the 22nd day of July, 2016.
ASSISTANT REGISTRAR
Copy to:
1. | Mr. Mushtaq Ahmad, Advocate |
---|---|
161/52, 3rd Floor, Flat No.8, Jogabai, Jamia Nagar | |
New Delhi110 025 | |
2. | Mr. B.K.Prasad, Advocate, |
Central Agency Section. | |
3. | Mr. Tarun Johri, Advocate, |
304, 3rd Floor, Somdutt Chamber, | |
9, Bhikaji Cama Place, New Delhi | |
4. | Mr. Sanjay Kumar Visen, Advocate, |
D28 (L.G.F.), Jangpura Extn. | |
New Delhi110 014 | |
5. | Mr. Nilofar Qureshi, Advocate |
G20, Vardhman City II Plaza, Asaf Ali Road, New Delhi110 002 | |
6. | Dr. Kailash Chand, Advocate, |
Library 2, Supreme Court, | |
7. | Mr. Rabin Majumdar, Advocate |
55, Old Lawyers Chambers | |
ASSISTANT REGISTRAR |
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