Biju Patnaik University Of Technology vs. Dharitri Das

æ7PART-HEARD ITEM NO.1 COURT NO.2 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).3964/2008 (From the judgement and order dated 03/12/2007 in WP No.5004/2007 of The HIGH COURT OF BOMBAY) COUNCIL OF ARCHITECTURE Petitioner(s) VERSUS M.M.MANDAL'S COLLEGE OF ARCH.& ORS. Respondent(s) (With appln.(s) for impleading party and Directions) With Civil Appeal No.364 of 2005 Transfer Petition (C) No.285 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.298 of 2007 (With appln(s) for stay, permission to file additional documents and office report) Transfer Petition (C) No.387 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.300 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.388 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.393 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.302 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.303 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.304 of 2007 (With appln(s) for stay and office report) ....2/- -2- Transfer Petition (C) No.392 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.398 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.305 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.394 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.391 of 2007 (With appln(s) for stay and office report)

Transfer Petition (C) No.399 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.386 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.306 of 2007 (With appln(s) for stay and office report) Transfer Petition (C) No.307 of 2007 (With appln(s) for stay and office report) Date: 23/07/2008 These Matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE HARJIT SINGH BEDI HON'BLE MR. JUSTICE G.S. SINGHVI For Petitioner(s) Mr. Naveen R. Nath,Adv. Ms. Lalit Mohini Bhat,Adv. Mr. S.C. Sharma,Adv. Ms. Hetu Arora,Adv. For Appellant(s) Mr. K.K. Venugopal,Sr.Adv. Mr. Ankur Talwar,Adv. Ms. Prerna Kumari,Adv. Mr. S. Chandra Shekhar,Adv. For Respondent(s) Mr. Sudhanshu S. Choudhari,Adv. Mr. Naresh Kumar,Adv. Mr. Gopal Subramaniam,ASG Mr. Devansh Mohta,Adv. Ms. Binu Tamta,Adv. Ms. Mayuri Kacker,Adv. Ms. Sushma Suri,Adv. ...3/- -3- Mr. Uday U. Lalit,Sr.Adv. Mr. Manish Pitale,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. Tara Chandra Sharma,Adv. Ms. Neelam Sharma,Adv. Mr. Kishan Datta,Adv. Mr. M.D. Adkar,Adv. Mr. Vijay Kumar,Adv. Mr. Vishwajit Singh,Adv. Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following ORDER Transfer Petition (C) No.285 of 2007, Transfer Petition (C) Nos.298 of 2007, 387 of 2007, 300 of 2007, 388 of 2007, 393 of 2007, 302 of 2007, 303 of 2007, 304 of 2007, 392 of

Heard learned counsel for the parties.

2007, 398 of 2007, 305 of 2007, 394 of 2007, 391 of 2007, 399 of 2007, 386 of 2007, 306 of 2007 and 307 of 2007:

The transfer petitions are disposed of with the direction that proceedings in different High Courts in the concerned cases, if not already disposed of, shall remain stayed till the disposal of Civil Appeal No.364 of 2005 and S.L.P. (C) No.3964 of 2008.

S.L.P. (C) No.3964 of 2008 and Civil Appeal No.364 of 2005:

Mr. Gopal Subramaniam, learned Additional Solicitor General appearing for Union of India-Respondent Nos.5-6, commenced his submissions at 10.50 a.m. and was on his legs when the court rose for the day.

The matters remained part-heard.

[ T.I. Rajput ] [Alka Dudeja ] [ Om Prakash ] A.R.-cum-P.S. Court Master Court Master

[Signed order is placed on the file] IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NO.285 OF 2007

All India Council for Technical Education ...Appellant(s)

Versus

Indian Institute of Architecture ...Respondent(s)

With Transfer Petition (C) Nos.298 of 2007, 387 of 2007, 300 of 2007, 388 of 2007, 393 of 2007, 302 of 2007, 303 of 2007, 304 of 2007, 392 of 2007, 398 of 2007, 305 of 2007, 394 of 2007, 391 of 2007, 399 of 2007, 386 of 2007, 306 of 2007 and 307 of 2007.

O R D E R

Heard learned counsel for the parties.

During the course of hearing of Special Leave Petition (C) No.3964 of 2008, it transpired that in another case, leave has been granted and Civil Appeal No.364 of 2005 has been registered involving substantially the same point. Accordingly, we directed the special leave petition to be listed along with Civil Appeal No.364 of 2005. When that civil appeal was listed, prayer was made that certain transfer petitions are pending in this Court for transfer of cases from different High Courts to this Court to be heard along with Civil Appeal No.364 of 2005 as the point involved therein is same. In the transfer petitions, notices have been already issued. We feel that it is not necessary for the parties to pursue these transfer petitions further as we are in the midst of hearing Civil Appeal No.364 of 2005, but the proceedings in the cases, transfer of which has been sought for, should be stayed.

....2/-

-2- Accordingly, the transfer petitions are disposed of with the direction that proceedings in different High Courts in the concerned cases, if not already disposed of, shall remain stayed till the disposal of Civil Appeal No.364 of 2005 and S.L.P. (C) No.3964 of 2008.

......................J. [B.N. AGRAWAL]

......................J. [HARJIT SINGH BEDI]

......................J. [G.S. SINGHVI]

New Delhi, July 23, 2008.