Paramount Towers Pvt. Ltd vs. Dilip Kumar Agarwal
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
5 May 2016
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Order Text
SECTION XVII
MATTER FOR : 13.05.2016 COURT NO. 8 ITEM NO. 45
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL DIARY NO. 13862 OF 2016 WITH
INTERLOCUTORY APPLICATION NO. 1 OF 2016
(Applications for condonation of delay in filing the appeal)
M/s Paramount Towers Pvt. Ltd. ...Appellant
VERSUS
Mr. Dilip Kumar Agarwal & Ors. ...Respondents
OFFICE REPORT
The matters above mentioned have been filed against the impugned interim Order dated 03.11.2015 in I.A. No. 4585 of 2015 in Consumer Complaint no. 631 of 2015 and interim order dated 04.04.2016 in Consumer Complaint no. 631 of 2015 passed by the National Consumer Disputes Redressal Commission, New Delhi.
It is further submitted that there is delay of 138 days in filing the appeal against order dated 03.11.2015 and the Advocate has filed application for condonation of delay in filing the Civil Appeal while the appeal filed against Order dated 04.04.2016 is within time.
It is further submitted that Civil Appeal No. 10602 of 2014 referred to at Page "J" of List of Dates was disposed of on 14.03.2016 by this Hon'ble Court. (Copy of the order is enclosed herewith)
It is lastly submitted that Counsel for the appellant has on 10.05.2016 filed application for permission to file additional documents. (Copies are circulated herewith)
The matter above-mentioned is listed before the Hon'ble Court with this office report.
DATED THIS THE 11TH DAY OF MAY,2016.
ASSISTANT REGISTRAR
Copy to : Mr. E.C. Agrawala, Advocate
ASSISTANT REGISTRAR
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 5210- 5211 OF 2016
with
INTERLOCUTORY APPLICATION NOS. 2-3 & 4-5 OF 2016
(Application for exemption from filing certified copy of impugned Order and permission to file additional documents)
M/s Paramount Towers Pvt. Ltd. ...Appellant
Versus
OFFICE REPORT
Mr. Dilip Kumar Agarwal & Ors. ...Respondents
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 Counsel for the appellant filed a letter dated 13.06.2016 stating that appellant has made the parties depicting two respondents jointly as one as they were shown in the array of parties before the Tribunal and now since notices could not be sent to the two parties appearing jointly as one respondent, they have been separated and every individual has been made as separate respondent making a total of 92 respondents.(Copy of the said letter directed to be accepted is enclosed herewith) Accordingly notice returnable on 29.07.2016 was issued on 16.07.2016 to all these 92 respondents through registered A.D along with Dasti. Neither A.D. Card nor unserved cover has been received back in respect of all these respondents in the matter so far.
It is further submitted that Counsel for the appellant has on 27.07.2016 filed affidavit of dasti service along with proof of service in respect of Respondent Nos. 1 to 8,11,14 to 19, 23 to 26, 29 to 36,39, 40, 42 to 51, 57 to 60, 63 to 69, 72 , 73, 76 to 79, 81 to 87, 89 and 92 but no one has entered appearance on their behalf. Service is incomplete on the Respondent Nos. 9,10,12,13,20,21,22, 27,28,37,38,41,52 to 56,61,62,70,71,74,75,80, 88, 90 and 91.
The matter above-mentioned is listed before the Hon'ble Court with this Office Report.
Dated this the 28th day of July, 2016.
ASSISTANT REGISTRAR
Copy to: Mr. E.C. Agrawala ,Advocate