SECTION XVII

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 5210 5211 OF 2016

with

INTERLOCUTORY APPLICATION NOS. 1,23,45 AND 67 OF 2016

(Application for condonation of delay in filing appeal, exemption from filing certified copy of impugned order, additional documents and condonation of delay in filing counter affidavit) M/s Paramount Towers Pvt. Ltd. ...Appellant

Versus

Mr. Dilip Kumar Agarwal & Ors. ...Respondents

OFFICE REPORT

The matter above mentioned was listed before the Hon'ble Court on 13th May, 2016, when the Court was pleased to pass the following order:

"Issue notice on the application for condonation of delay as also on civil appeal returnable in the last week of July, 2016. Dasti, in addition, is permitted."

It is submitted that notice was issued on 16.07.2016 to all these 92 respondents through registered A.D along with Dasti.

The matter above mentioned was lastly listed before the Hon'ble Court on 02nd September, 2016, when the Court was pleased to pass the following order:

"In view of letter circulated by learned counsel for the appellant, list the matter after ten weeks."

It is submitted that Mr. V. Elanchizhyan, Advocate has on 29.08.2016 filed vakalatnama on behalf of respondent Nos. 1 to 11, 13 to 23, 26 to 28, 31 to 38, 41 to 70, 72 to 89 and 92 and have also filed counter affidavit on behalf of all these respondents which is barred by time by 3 days and he has also filed application for condonation of delay in filing the same which is registered as I.A. Nos. 67 of 2016. Counsel for the appellant has on 10.11.2016 filed rejoinder affidavit to the counter affidavit filed by Mr. V. Elanchizhyan, Advocate for the aforesaid respondents.(Copies are circulated herewith)

It is further submitted that Service of Respondent Nos. 24,25, 29,30,39 and 40 is complete through dasti service but no one has entered appearance on their behalf. Unserved cover has been received back in respect of respondent No. 12 with remarks "Unclaimed".Service is incomplete on the Respondent Nos. 12,71,90 and 91 only and counsel for the appellant has not filed affidavit of dasti service in respect of these respondents so far.

The matter abovementioned is listed before the Hon'ble Court with this Office Report.

Dated this the 17th day of November, 2016.