Azure Power (Gujarat) Pvt. Ltd vs. Gujarat Urja Vikas Nigam Limited
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
12 May 2015
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Order Text
SECTION XVII
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. 1747, 1850, 3787, 4858 and 4861 OF 2015
Gujarat Urja Vikas Nigam Ltd. & Etc. .... Appellants
VERSUS
Azure Power (Gujarat) Pvt. Ltd. & Ors. Etc ....Respondents
OFFICE REPORT
The matters above mentioned were listed before the Ld. Registrar
Court on 04.02.2016, when the Court was pleased to pass the following order:
CIVIL APPEAL NO. 1747 and 1850 OF 2015
Respondent no. 1 to file counter affidavit in both the matters within four weeks' time.
None appears for respondent no. 2 in both the petitions. Await certificate of service from the Hon'ble High Court with regard to service of respondent nos. 3 and 4 in appeal no. 1747/2015.
CIVIL APPEAL NO. 3787 OF 2015
Respondent No. 1 to file counter affidavit within four weeks' time.
None appears for respondent no. 2 despite due service. CIVIL APPEAL NO. 4858 and 4861 OF 2015
Await certificate of service of respondent nos. 1 and 2 in petition no. 4858 and respondent nos. 1 to 3 in petition no. 4861 from the Hon'ble High Court and reminder be issued to this effect.
Respondent no. 4 to file counter affidavit within four weeks' time in petition no. 4861. List again on 21.04.2016."
CIVIL APPEAL NO. 1747 and 1850 OF 2015
It is submitted that there are four respondents in Appeal Nos. 1747 of 2015 and two respondents in Appeal No. 1850 of 2015. Counsel for the respondent no. 1 has not filed counter affidavit in both the matters. Mr. Cyril Amarchand Mangaldas and Ms. Jesal Wahi, Advocate has entered vakalatnama on behalf of respondent nos. 2 and 3 respectively in CA no. 1747 of 2015 but has not filed counter affidavit. Counsel for the appellant has on 10.02.2016 filed a request letter for dasti service for respondent no. 4 in CA no. 1747 of 2015 and the same was approved by Ld. Registrar on 26.02.2016. Counsel for the appellant has on 15.03.2016 filed affidavit of dasti service in respect of respondent no. 4 but no one has entered appearance on its behalf in the matter so far. Service is complete in both the matters.
CIVIL APPEAL No. 3787 of 2015
It is submitted that Counsel of respondent no. 1 has not filed counter affidavit. Service is complete.
CIVIL APPEAL NO. 4858 of 2015
It is submitted that there are two respondents in the matter Reminder letter was issued on 12.02.2016 to the Tribunal. Certificate of Service in respect of both the respondents has been received from the Tribunal but no one has entered appearance on their behalf. Service is complete.
CIVIL APPEAL NO. 4861 of 2015
It is submitted that there are four respondents in the matter. Ms. Hemantika Wahi, Advocate has on 05.02.2016 entered vakalatnama on behalf of respondent no. 1 but has not filed counter affidavit. Reminder letter was issued on 12.02.2016 to the Tribunal in respect of respondent nos. 2 & 3. Certificate of Service has been received in respect of respondent no. 2 from the Tribunal but no one has entered appearance on their behalf. Certificate of Service in respect of respondent no. 3 is awaited from the Tribunal. Counsel for respondent no. 4 has not filed counter affidavit so far.
It is further submitted that Respondent no. 3 in this matter is common with the respondent no. 2 in connected matter i.e. CA 1747 of 2015 which is represented by M/S. Cyril Amarchand Mangal Das, Advocates. Vakalatnama has not been filed in this matter so far.
It is lastly submitted that Original Record is not called from the Tribunal in all these matters in view of Registry's Circular dated 03.12.2014. Statement of Case has not been filed by any of the parties in the above mentioned matters so far.
The matters abovementioned are listed before the Ld. Registrar Court with this office report.
DATED THIS THE 19th DAY OF APRIL, 2016.
ASSISTANT REGISTRAR
Copy to : Ms. Hemantika Wahi, Advocate Mr. E.C.Agrawala, Advocate Mr. Cyril Amarchand Das, Advocate