Union Of India And Anr. Etc. Etc vs. The Highland Produce Co. Ltd. And Ors. Etc. Etc

SECTION - III IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 19309-19341 OF 2012

Union of India & Ors. ........Petitioners

-Versus-

M/s Highland Produce Co. Ltd. & Ors. .........Respondents

OFFICE REPORT

The office report was listed before Ld. Registrar Court on 9th October,2012 when the following order was passed:-

"Issue fresh notice with additional dasti service on unserved respondents. The litigant has to confirm dasti notice directly upon the litigant-respondent. However, they are permitted to serve through the nearest Civil Court/Trial Court where private parties are concerned and through standing counsel where State authorities are concerned. Process fee and spare copies are to be filed before 18.10.2012, else list before the Hon'ble Judge in Chambers for non-prosecution. If notices are issued, list again on 6.12.2012.

Served respondents may file counter affidavit till then."

Thereafter the office report on default for not filing process fees along with copies of SLP was listed before the Hon'ble Judge in Chamber on 24th July,2013 when his Lordship was pleased to pass the following order:- "As a last chance, four weeks' time is granted to the counsel for the petitioners to comply with the office report dated January 28, 2013."

Accordingly, show cause notice was issued to unserved respondent nos.1,2,3,4,5,7,8,9,10,11,12,13,14,17,18,21,22,24,25,28,29,30,33 to 43 and 45 to 51 on 2nd September,2013 by Registered A.D. post. Mr. Rabin Majumder, Advocate and M/s K.J. John & Co., Advocate have on 18th October,2012 and 8th October,2013 filed vakalatnama/appearance on behalf of respondents nos. 48 and 17 but they have not ...2/-

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filed counter affidavit so far on their behalf. A.D cards duly signed have been received back from respondent nos. 24, 34 and 41 but no one has filed vakalatnama / appearance on behalf of the said respondents. A.D. cards without signature has been received from the respondent no.2, 3, 5, 7, 11, 12, 13, 14, 25, 29, 30, 33, 35, 36, 37, 38, 42, 45, 46, 47 and 49. Neither A.D card nor unserved cover containing the notice has been received back from respondent nos. 1, 4, 8, 9, 10, 18, 21, 22, 28, 39, 40, 43 50 and 51 so far.

It is further submitted that dasti notice was also handed over to the counsel for the petitioner for effecting service on the unserved respondents with a request to file affidavit of dasti service alongwith proof of service but the counsel for the petitioner has not filed the same so far.

It is lastly submitted that served respondents have not filed counter affidavit so far.

The office report is listed before the Ld. Registrar Court for orders. Dated this the 19th day of October, 2013.

ASSISTANT REGISTRAR

Copy to :- 1. Mr. B.K. Prasad, Advocate Central Agency Section 2.Mr. M. P. Vinod, Advocate 57,Lawyers Chamber 3.Ms. Liz Mathew, Advocate 59,Lawyers Chamber 4.Rabin Majumder, Advocate 91,Lawyers Chamber 5.M/s K.J. John & Co, Advocate 428,M.C. Setalvad Lawyers Chamber

ASSISTANT REGISTRAR