IN THE SUPREME COURT OF INDIA LISTED ON : 19-02-2016 CIVIL ORIGINAL JURISDICTION COURT NO.: 10

ITEM No. : 46

TRANSFER PETITIONS (CIVIL) NOS. 832-854 OF 2015 WITH INTERLOCUTORY APPLICATIONS NOS. 1-23 OF 2015 (Applications for ex-parte stay)

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

07th January, 2016 when the Court was pleased to pass the following Order:-

"Special Leave Petition (Civil) No(s). 15869/2015 and 19925/2015:

We have heard learned counsel appearing for the parties at length today.

The only question which is to be decided in these petitions is with regard to the charging of the Distance Based Charge as freight. After hearing the arguments, we feel that the issue ought to be decided at the time of final hearing and not before that.

Therefore, we do not intend to pass any order at this stage by way of interim measure. List these SLPs after six weeks.

T.P.(C) No. 832-854/2015:

In the above transfer petitions which have been filed before us, liberty is granted to file counter affidavit (s) within a period of three weeks and rejoinder affidavit, if any, within two

weeks thereafter.

We further make it clear that if any of the parties who have not yet been served are to be served and dasti service is also granted to effect service. Liberty is granted to file affidavit(s), if any, to the newly served respondents.

List these transfer petitions after five weeks."

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

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 Certificate of service has not been received from High Court in respect of Respondent No. 2. who is common Respondent in T.P. (c) No. 832, 844 and 854 of 2015.

Service is not complete in respect of Respondent No. 2.

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 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) 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 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 Certificate of service in respect of Respondent No. 2 who is common

Contd...3/-

Resopondent in T.P (c) No. 833 of 2015 is still awaited from concerned High Court .

Service is not complete on Respondent No. 2.

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 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) 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 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) 838 of 2015

There are two respondents.

It is submitted that Respondent No. 1 is represented by Mr. Shailesh Madiyal, Advocate and he has also filed Counter Affidavit on behalf of 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 Certificate of service in respect of Respondent No. 2 from concerned High Court is still awatied.

Service is not complete on Respondent No. 2.

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.

Contd..4/-

-4-

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 Respondent No. 1 is represented by Mr. Suresh A. Shroff, 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 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) 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.

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 Certificate of service in respect of respondent Nos. 2 to 5 is still awaited from High Court.

Service is not complete on Respondent Nos. 2 to 5.

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 certificate of service in respect of Respondent No. 2is still awaited from concerned High Court.

Service is not complete on Respondent No. 2.

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 Certificate of service has been received from High Court in respect of sole respondent but no one has filed Vakalatama and Memo of appearance on his behalf.

Service of notice is complete.

T.P. (c) 851 of 2015

There is sole respondent.

It is submitted that certificate of service is awaited from High Court.

Service of notice is not complete on sole respondent.

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 certificate of service has been received from the High Court but on one has filed Vakalatama and Memo of appearance on his behalf so far.

It is further submitted that certificate of service is awaited in respect of performa respondent No. 2 from concerned High Court.

Service is not complete on Performa Respondent No. 2.

It is lastly submitted that counsel for petitioner has not filed proof of Dasti service upon unserved respondent in T.P. (c) No. 841 of 2015 and 845 to 847 of 2015 and 853 of 2015 and Responden No. 2 to

5 in T.P. (c) No. 844 of 2015 and sole Repondent in T.P. (c) No. 851 of 2015.

Service of notice is not complete on Respondent No. 2 in T.P. (c) No. 841 of 2015 and 845 to 847 of 2015 and 853 of 2015 and Responden No. 2 to 5 in T.P. (c) No. 844 of 2015 and sole Repondent in T.P. (c) No. 851 of 2015.

The matters above-mentioned are listed before the Hon'ble Court with this office Report. Dated this the 18th day of February, 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

ASSISTANT REGISTRAR

MC