Emaar Mgf Land Limited Through Its Authorized Representative Mr. Nikhil Srivastava vs. The State Of Haryana State Of Haryana Through Its Financial Commissioner And Principal Secretary
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SECTION IVB
Listed on.07.09.2016 Court No.R1 IN THE SUPREME COURT OF INDIA Item No.73 CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL)NOS. 6037, 6087, 6331, 6399, 6429, 6433 AND 6447 OF 2016 WITH PRAYER FOR INTERIM RELIEF
M/S Aerens Jai Realty Pvt Ltd ...Petitioner(s) Versus State Of Haryana & Ors. ...Respondent(s)
OFFICE REPORT FOR DIRECTION
The matters above mentioned alongwith main matter (i.e. SLP (C) No. 5459 of 2016) were listed before the Ld. Registrar Court on 12.08.2016 with the following office report, when the below mentioned order was passed:
"OFFICE REPORT
SLP (C) Nos. 6037, 6087, 6331, 6399, 6429,
6433 AND 6447 OF 2016
The matters above mentioned were listed before the Hon'ble Court on 04.03.2016, when the Court was pleased to pass the following order :
Issue notice.
'
Tag with SLP (C) No.5459/2016. We direct the petitioner to continue with the Bank Guarantee. However, the invocation thereof, as per the impugned judgment, is stayed.'
It is submitted that there are three common respondents in all the SLPs.
It is further submitted that in SLP (C) No. 6037 of 2016, Counsel for the petitioner has not filed spare copies of SLP for issuance of notice. Hence, show cause notice could not be issued.
It is further submitted that in SLP (C) Nos. 6087, 6331, 6399, 6429, 6433 AND 6447 OF 2016, counsel for the petitioner has on 18/19.03.2016 filed spare copies which is incomplete and barred by time. Hence, show cause notice could not issued. Office Report on default is under process.
Order dated 12.08.2016
SLP(C)Nos. 6037, 6087, 6331, 6399, 6429, 6433 and 6447 of 2016
In SLP(C)NO. 6037 of 2016, ld. Counsel for the petitioners has not filed spare copy for issuance of notice in terms of Hon'ble Court order dated 04.03.2016. In rest of the matters, incomplete set of spare copies filed and the same are barred by time.
As such, process for listing before the Hon'ble Judgeinchambers for further directions."
It is submitted that the office report dated 11.08.2016 as reproduced above was placed incorrectly. The position in these matters as on 11.08.2016 was as under and infact remain so even as on today:
SLP (C) No. 6037/2016
It is submitted that show cause notice was issued to all the three respondents on 11.04.2016. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 13 so far.
Service of show cause notice is incomplete on Respondent Nos. 13.
SLP (C) No. 6087/2016
It is submitted that show cause notice was issued to all the four respondents on 08.04.2016. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 14 so far.
Service of show cause notice is incomplete on Respondent Nos. 14.
SLP (C) No. 6331/2016
It is submitted that show cause notice was issued to all the three respondents on 08.04.2016. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 13 so far.
Service of show cause notice is incomplete on
Respondent Nos. 13.
It is further submitted that in SLP (C) No. 6331 of 2016, Mr. Senthil Jagadeesan, Advocate has on 12.08.2016 filed Vakalatnama and Memo of Appearance on behalf of petitioner after obtaining 'No objection certificate' from Mr. Alok Gupta, erstwhile Advcoate.
SLP (C) No. 6399/2016
It is submitted that show cause notice was issued to all the four respondents on 08.04.2016. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 14 so far.
SLP (C) No. 6429/2016
It is submitted that show cause notice was issued to all the four respondents on 08.04.2016. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 14 so far.
Service of show cause notice is incomplete on Respondent Nos. 14.
SLP (C) No. 6433/2016
It is submitted that show cause notice was issued to all the four respondents on 08.04.2016. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 14 so far.
Service of show cause notice is incomplete on Respondent Nos. 14.
SLP (C) No. 6447/2016
It is submitted that show cause notice was issued to all the four respondents on 08.04.2016. Neither AD Cards nor unserved covers containing notice have been received back from Respondent Nos. 14 so far.
Service of show cause notice is incomplete on Respondent Nos. 14.
Accordingly, the matters are relisted before the Ld. Registrar's Court for orders afresh.
Inconvenience caused to the Ld. Registrar Court is very much regretted.
Dated this the 06th day September, 2016.
ASSISTANT REGISTRAR Copy to :Mr. Alok Gupta, Adv. Mr. Senthil Jagadeesan, Adv. ASSISTANT REGISTRAR
Com1/Mty