Union Of India And Ors. Etc. Through Its Secretary vs. Rashmi Metaliks Limited And Anr. Etc. Through Director

Court:Supreme Court of India
Judge:Hon'ble J.K. Maheshwari
Case Status:Pending
Order Date:28 Mar 2016
CNR:SCIN010138802015

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Order Issued After Hearing

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Case Registered

Listed On:

20 May 2015

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IN THE SUPREME COURT OF INDIA LISTED ON : 28-03-2016 CIVIL ORIGINAL JURISDICTION COURT NO.:

ITEM No. :

TRANSFER PETITIONS (CIVIL) NOS. 832-854 OF 2015 WITH INTERLOCUTORY APPLICATIONS NOS. 1-23 & 24 OF 2015

(Applications for ex-parte stay and permision to filed Additional documents)

UNION OF INDIA & ORS ETC. ...Petitioners

VERSUS

RASHMI METALIKS LIMITED & ANR. & ETC. ...Respondents

OFFICE REPORT

The Transfer Petition above mentioned were listed alongwith main matter before the Hon'ble

Court on 19th February, 2016 when the Court was pleased to pass the following Order:-

"As per Office Report, service is not complete on some of the matters.

We direct the Registry to complete the service within a period of two weeks from today.

In the meantime, all the pleadings, in respect of those parties who have already been served in the matter, should be exchanged between the parties.

Mr. Ranjit Kumar, learned Solicitor General has informed that he has not been supplied the copy of counter affidavit in the matters.

We direct the learned counsel appearing for the respondents to immediately supply the copy of counter affidavit to learned Solicitor General.

As prayed by Mr. Ranjit Kumar, learned Solicitor General permission to file rejoinder affidavit is granted in the matter.

It has been informed by Mr. Jayant Bhushan, learned Senior counsel appearing for the respondent that some of the matters have wrongly been tagged with these matters.

In view of above, we make it clear that the matters which are not connected with these matters and wrongly tagged, those matters will also be heard and appropriate orders in respect of those matters will be passed on the next date of hearing.

As jointly prayed by the learned counsel appearing for the parties, list the matters after four weeks."

Accordingly, notices were issued to all the unserved respondents through concerned High Court's as well as dasti.

Service Position of each matter is as under:-

T.P. (c) 832 and 854 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is common in T.P. (c) No. 832,844 & 854 of 2015 is represented by Mr. Shardul Shroff, Advocate and he has also filed Counter Affidavit on his behalf after serving its copy on the other side.

It is further submitted that counsel for peitioner has filed affidavit of dasti service in respect of Respondent No. 2. who is common Respondent in T.P. (c) No. 832, 844 and 854 of 2015.

Service of notice is complete.

T.P. (c) 833 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is represented by Ms. Anjana Aiyagiri, Advocate and she has also filed Counter Affidavit on his behalf after serving its copy on the other side. Copy of the same is included in the paper books.

It is further submitted that counsel for petitioner has filed affidavit of dasti service but no one has filed vakalatnama and memo of appearance on his behalf so far.

Service is notice is complete.

T.P. (c) 834 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is represented by Mr. Ajay Sharma, Advocate and he has also filed Counter Affidavit on behalf of Respondent No. 1 after serving its copy on the other side. Copy of the same has been included in the paper books.

It is further submitted that Certificate of service in respect of Respondent No. 2 is still awaited from concerned High Court.

Service is not complete on Respondent No. 2.

T.P. (c) 835 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is represented by Mr. Anjani Aiyagiri, Advocate and she

-2-

has also filed Counter Affidavit on his behalf after serving its copy on the other side. Copy of the same is included in the paper books.

It is further submitted that Affidavit of Dasti service has been filed by counsel for petitioner Resopondent in T.P (c) No. 833 of 2015 but no one has filed Vakalatama and memo of appearance on his behalf so far.

Service is notice is complete.

T.P. (c) 836 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is represented by Mr. Anjani Aiyagiri, Advocate and she has also filed Counter Affidavit on his behalf after serving its copy on the other side. Copy of the same has been included in the paper books.

It is further submitted that counsel for the petitioner has filed Affidavit of Dasti service but no one has filed Vakalatama and memo of appearance on his behalf so far.

Service is notice is complete.

Service is complete.

T.P. (c) 837 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is represented by Mr. Anjani Aiyagiri, Advocate and she has also filed Counter Affidavit on behalf of Respondent No. 1 after serving its copy on the other side. Copy of the same has been included in the paper books.

It is further submitted that counsel for the petitioner has filed Affidavit of Dasti service in respect of Respondent No. 2 but no one has filed Vakalatama and memo of appearance on his behalf so far.

Service is notice is complete.

T.P. (c) 838 of 2015

There are two respondents.

It is submitted that both Respondents are represented by Mr. Shailesh Madiyal, Advocate and he has also filed Counter Affidavit on behalf of their Respondent No. 1 after serving its copy on other side.Copy of the same has been included in the paper books.

It is further submitted that Mr. Shailesh Madiayl, Advocate has on 18-03-2016 filed

Contd...4/-

application for permission to filed Additional documents after serving tis copy on the other side which has been registered as Interlocutary Application no. 24 of 2016. Copy of the same is circulated herewith for the kind persual of the Hon'ble Court.

Service is notice is complete.

T.P. (c) 839 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is represented by Mr. Ajay Sharma, Advocate and he has also filed Counter Affidavit on behalf of Respondent No. 1 after serving its copy on the other side. Copy of the same has been included in the paper books.

It is further submitted that Certificate of service in respect of Respondent NO. 2 is still awaited from High Court.

Service is not complete on Respondent No. 2.

T.P. (c) 840 of 2015

There are two respondents.

It is submitted that notice of alternate arrangement has been issued to Respondent No. 1 as erstwhile advocate has been designated as Senior Advocate.

It is further submitted that counsel for the petitioner has filed Affidavit of Dasti service but no one has filed Vakalatama and memo of appearance on his behalf so far.

Service of notice is complete.

T.P. (c) 841 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is represented by Ms. Anjani Aiyagiri, Advocate and she has also filed Counter Affidavit on behalf of Respondent No. 1 after serving its copy on the other side. Copy of the same has been included in the paper books.

It is further submitted that Certificate of service in respect of Respondent No. 2 is still awaited from High Court.

Service is not complete on Respondent No. 2.

T.P. (c) 842 & 843 of 2015

There is sole respondent respresented by Mr. T. Mahipal, Advocate but he has not filed Counter Affidavit on behalf of Sole Respondent.

Service is complete on sole Respondent in both the matters. Contd...5/-

T.P. (c) 844 of 2015

There are five respondents.

It is submitted that Respondent No. 1 who is common in T.P. (c) No. 832 of 2015 and 844 o 2015. 854 of 2015 is represented by Mr. Shardul Shroff, Advocate and he has also filed Counter Affidavit on his behalf after serving its copy on the other side.

It is further submitted that counsel for the petitioner has filed Affidavit of Dasti service but no one has filed Vakalatama and memo of appearance on his behalf so far.

Service of notice is complete.

T.P. (c) 845, 846 & 847 of 2015

There are two respondents common in all petitions.

It is submitted that Respondent No. 1 in respresented by M/s. Khaitan & Co., Advocates who have also filed Counter Affidavit on behalf of Respondent No. 1 but they have not served the copy of Counter Affidavit on other side. However copy of the same has been included in the paper books.

It is further submitted that counsel for the petitioner has filed Affidavit of Dasti service but no one has filed Vakalatama and memo of appearance on his behalf so far.

Service of notice is complete.

T.P. (c) 848 &849 of 2015

There is sole common respondent in both petitions represented by Mr. E.C. Agrawala, Advocate they have also filed Counter Affidavit on behalf of sole respondent after serving its copy on other side.Copy of the same has been included in the paper books.

Service is complete.

T.P. (c) 850 & 852 of 2015

There is sole respondent.

It is submitted that Mr. Neeraj Shekhar, Advocate has filed Vakalatama and memo of appearance on behalf of sole respondent and he has also filed application for modification of Hon'ble Court's Order dated 14-12-2015 after serving its copy on the other side which is defective for the reason that he has not filed defect cost of Rs. 200/- so far. However copy of the unregistered application is being circulated for the kind perusal of the Hon'ble Court.

Service of notice is complete.

T.P. (c) 851 of 2015

There is sole respondent.

It is submitted that counsel for the petitioner has filed Affidavit of Dasti service but no one has filed Vakalatama and memo of appearance on his behalf so far.

Service of notice is complete.

T.P. (c) 853 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is common in T.P. (c) Nos. 850, 852 and 853 of 2015 and represented by Mr. Neeraj Shekhar, Advocate.

It is further submitted that counsel for petitioner has filed affidavit of dasti with proof but no one has filed vakalatnama and memo of appearance on his behalf so far.

Service of notice is complete.

Service of notice is not complete on Respondent No. 2 in T.P. (c) No. 834 of 2015 and 839 of

The matters above-mentioned are listed before the Hon'ble Court with this office Report.

Dated this the 18th day of March, 2016.

ASSISTANT REGISTRAR

Copy to : Mr. S.N. Terdal, Advocate Ms. Anjani Aiyagari, Advocate Mr. Ajay Sharma, Advocate M/S. Suresh A. Shroff & Co., Advocate Mr. Shardul Shroff & Co., Advocate M/s. Khaitan & Co., Advocate Mr. T. Mahipal, Advocate Mr. Neeraj Shekar, Advocate Mr. E.C. Agrawal, Advocate mr. Shailesh Madiyal,Advocate

ASSISTANT REGISTRAR

MC

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