LISTED ON 27.10.2015 COURT NO. 1 ITEM NO. 46

SEC.IV-A

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 16670 OF 2014 WITH PRAYER FOR INTERIM RELIEF

KANTHAMMA & ORS Petitioner(s)

VERSUS

UNITED INDIA INS.CO.LTD.& ANR Respondents(s)

OFFICE REPORT

The matter above-mentioned alongwith its connected matter were listed before the Hon'ble Court on 01.07.2014, when the Court was pleased to pass the following Order:

" SLP(C)No..../2014 (CC No. 7843 of 2014) Delay condoned. Issue notice. "

Accordingly, show cause notice was issued to both the respondents on 24.07.2014 through Regd. A.D. Post. Neither A.D. Card nor unserved cover has been received back in respect of Respondent No. 1 and 2.

Thereafter, the matter was listed from time and time, and again listed before the Ld. Registrar on 05.05.2015, when he was pleased to pass the following Order:

" The office report indicates that although by Order dated 24.2.2015 of this Court four weeks time as last chance was given to the learned counsel for the petitioners for taking fresh steps for the service of notice to the unserved respondents, yet he has not done the needful within the period stipulated in the order. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders. List thereafter."

It is submitted that counsel for the petitioner has furnished the address of the Trial Court on 05.05.2015, which is barred by time by 42 days vide order dated 24.02.2015 but counsel has not filed application for condonation of delay in filing the same.

Thereafter, the matter was lastly listed before the Hon'ble Judge in Chamber on 05.08.2015 with an office report dated 14.05.2015, when His Lordshiop was pleased to pass the following Order:

"The learned counsel for the petitioners, submits that in keeping in view the facts and circumstances, the delay of 42 days be condoned. The prayer is allowed. Office to proceed the matter accordingly."

It is submitted that dasti notice was issued through Trial Court to both the respondents on 25.08.2015. Dr. Kailash Chand, Advocate has on 06.10.2015 filed vakalatnama on behalf of Respondent No. 1 and has also filed counter affidavit. Same is being circulated with this office report. Neither AD Card nor unserved cover contaning notice has been received in respect of respondent no. 2 so far. Counsel for the petitioner has also not filed affidavit of dasti service through Court.

Service is not complete on Respondent No. 2.

The matter above mentioned is listed before the Hon'ble Court with this office report.

Dated this the 10th day of October, 2015.

ASSISTANT REGISTRAR

Copy to: Mr. V.N. Raghupathy, Advocate Dr. Kailash Chand, Advocate

ASSISTANT REGISTRAR

-dkm