Nirmalabai Pratapsingh Ade (D) Thr. L. Rs vs. The State Of Maharashtra
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
19 Apr 2017
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Order Text
LISTED ON:19.04.2017 BEFORE COURT NO.:10 ITEM NO.:08
SECTIONIX
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 1323313234, 15516, 19917 AND 2146521466 OF 2015
WITH PRAYER FOR INTERIM RELEIF
WITH
INTERLOCUTORY APPLICATION NOS. 3 AND 4 IN SLP (C) NO. 19917 OF 2015
(Application for substitution to bring on record LRs of deceased petitioner No. 4 Smt. Santabai Bhaurao Shinde and application for condonation of delay in filing substitution application)
SHRI VASANT NAIK EDUCATION SOCIETY ....PETITIONER VERSUS-THE STATE OF MAHARASHTRA & ORS. ...RESPONDENTS
OFFICE REPORT
SLP (C) NOS. 1323313234 AND 15516 OF 2015
The matters above mentioned were listed before the Hon'ble Court on 08th May,
2015 when the Court was pleased to pass the following Order :
"Delay condoned. Application for Substitution is allowed. Issue notice. Dasti, as prayed for, in addition is also permitted."
Thereafter, the matters above mentioned alongwith connected matters were listed before the Court of Registrar on 04th July, 2016 when the Court was pleased to pass the following Order :
"SLP(C) Nos. 13233-13234 and 15516/2015 Service is complete on all the respondents. Appearing respondents have failed to file the counter affidavit within the period stipulated under the rules. Viewed thus, the matter shall be processed for listing before the Hon'ble Court on its own turn. "
It is submitted for the information of the Hon'ble Court that there are three respondents in both the matters. Accordingly, show cause notice was issued to all the respondents by registered A. D. post on 22.06.2015 as well as by dasti mode. Mr. Nishant R. Katneshwarkar, Advocate has filed vakalatnama/appearance on behalf of all respondents in SLP (C) Nos. 1323313234 of 2015 only but he has not filed counteraffidavit so far. Counsel for the petitioner has also filed affidavit of dasti service with proof of service in SLP (C) No. 15516 of 2015 but Mr. Nishant R. Katneshwarkar,
Advocate has not filed vakalatnama/appearance in the said matter so far.
Service of notice is complete in both the matters.
SLP (C) NOS. 19917 AND 2146521466 OF 2015
The matters above mentioned were listed before the Hon'ble Court on 08th July, 2015 when the Court was pleased to pass the following Order :
"Permission to file SLPs is granted. Delay condoned. Issue notice returnable in four weeks. Dasti, as prayed for, is also permitted. Tag with SLP(C) Nos. 13233-34 of 2015."
SLP (C) NO. 19917 OF 2015
It is submitted for the information of the Hon'ble Court that there are three respondents in the matter which are common with SLP (C) Nos. 2146521466 of 2015. Accordingly, show cause notice was issued to all the respondents by registered A. D. post on 08.08.2015 as well as by dasti mode. A. D. card duly signed has been received back from respondent No. 3 but no one has entered appearance on its behalf so far. Service of notice is complete on respondent Nos. 1 and 2 by dasti. Mr. Nishant R. Katneshwarkar, Advocate has not filed vakalatnama/appearance and counteraffidavit on behalf of respondent No. 1 (State of Maharashtra) though he undertakes to file vakalatnama/appearance and counteraffidavit on behalf of respondent No. 1 vide Ld. Registrar Court's order dated 23.09.2016.
It is further submitted that counsel for the petitioner has filed application for bringing on record the LRs of deceased petitioner No. 4 i.e. Smt. Shantabai Bhaurao Shinde alongwith application for condonation of delay in filing application for substitution (barred by time by 814 days) and vakalatnama/appearance of the proposed LRs which are registered as I. A. Nos. 3 and 4 and the same have been included in the SLP paperbooks.
Service of notice is complete.
SLP (C) NOS. 2146521466 OF 2015
It is submitted for the information of the Hon'ble Court that there are three common respondents in the matters. Mr. Nishant R. Katneshwarkar, Advocate has filed vakalatnama/appearance on behalf of all the respondents but he has not filed counteraffidavit so far.
Service of notice is complete.
And lastly, the matters above mentioned were listed before the Hon'ble Court on 03rd April, 2017 when the Court was pleased to pass the following Order :
"Pleadings are complete. List these matters for final disposal on 19.04.2017."
The matters above mentioned are listed before the Hon'ble Court with this report. Dated this the 18th day of April, 2017.
ASSISTANT REGISTRAR
Copy to:
Mr. C. S. Ashri, Advocate Mr. Nishant R. Katneshwarkar, Advocate Ms. Anagha S. Desai, Advocate
L ASSISTANT REGISTRAR