Listed on: 06.09.2016 Before Court No. 11 Item No. 25

SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 24745 of 2015 AND 2534, 13531, 15416, 15594, 16725 OF 2016 AND CC NO. 3889/2016 WITH

PRAYER FOR INTERIM RELIEF

Union of India & Ors. Petitioners

VERSUS

Dr. O.P. Nijhawan & Ors. Etc. Respondents

OFFICE REPORT

SLP © NO. 24745/2015

The matter above mentioned was listed before the Hon'ble Court on 29.04.2016 alongwith connected matters, when the Court was pleased to pass the following order:-

**"**List on non-miscellaneous day in the month of

September, 2016.

In the meantime, the Office Report dated 28.04.2016 be complied with."

It is submitted that there are 9 respondents in this matter. Respondent Nos. 1, 8 and 9 are represented by Mr. Ananga Bhattacharyya, Advocate. Counter Affidavit filed by counsel for the respondent nos. 1, 8 & 9 and rejoinder affidavit filed by counsel for the petitioner has been included in SLP Paper Books. No one has entered appearance on behalf of Respondent Nos. 3, 4, 6 and 7 though served. In respect of Respondent Nos. 2 & 5 as per Postal Tracking Report shows "not available".

Service is not complete on respondent nos. 2 and 5.

SLP © NO. 2534/2016

The matter above mentioned was listed before the Hon'ble Court on 27.01.2016, when the Court was pleased to pass the following order:-

"Issue notice on delay as well as on SLP. Tag with SLP(C)No.24745/2015."

It is submitted that as directed above show cause notice was issued on 10.02.2016 to all the 8 respondent through registered AD. Mr. Satish Kumar, Advocate has filed Vakalatnama/Appearance on behalf of Respondent Nos. 1 & 8 but has not filed counter affidavit so far. Neither AD cards nor unserved covers have been received from Respondent Nos. 2 to 7.

Service is not complete on Respondent Nos. 2 to 7.

SLP © NO. 13531/2016

The matter above mentioned was listed before the Hon'ble Court on 18.04.2016, when the Court was pleased to pass the following order:-

"Delay condoned subject to payment of costs of Rs. 5,000/- (Rupees Five thousand) to the Supreme Court Employees' Mutual Welfare Fund.

Issue notice. Tag with SLP(C) NO.24705 of 2015. Contempt Proceedings, if any, shall remain stayed pending further orders."

It is submitted that as directed above show cause notice to all the 44 respondents was issued on 23.05.2016 by registered AD. AD cards duly signed in respect of Respondent Nos. 2, 3, 5, 6, 9, 10, 13, 18-20, 24, 28, 33, 34, 36, 38, 39, 42 and 44 but no one has entered appearance so far. Unserved cover in respect of Respondent No. 29 has been received with postal remarks "unclaimed". Neither AD card nor unserved cover has been received in respect of Respondent Nos. 1, 4, 7, 8, 11, 12, 14-17, 19-23, 25-27, 29-32, 35, 37, 40, 41 and 43.

Service is not complete.

SLP © NO. 15416/2016

The matter above mentioned was listed before the Hon'ble Court on 08.03.2016, when the Court was pleased to pass the following order:-

"Delay in filing the special leave petition is condoned subject to payment of Rs.5,000/-, as costs, with the Supreme Court Employees' Mutual Welfare Fund, within two weeks from today.

Application(s) seeking exemption from filing c/c of the impugned order is allowed.

Issue notice.

Tag with SLP (C) No.24745/2015.

In the meantime, contempt proceedings, if any, shall not be proceeded with."

It is submitted that as directed above show cause notice was issued on 14.06.2016 to all the 7 respondents by registered AD. Neither AD card nor unserved cover containing show cause notice have been received in respect of all the Respondents.

Service is not complete.

SLP (C) NO. 15594/2016

The matter above mentioned was listed before the Hon'ble Court on 16.02.2016, when the Court was pleased to pass the following order:-

"Delay in filing the special leave petition is condoned subject to payment of Rs.5,000/-, as costs, with the supreme Court Employees' Mutual Welfare Fund, within two weeks from today. Issue notice. Tag with SLPC) No.24745/2015. In the meantime, contempt proceedings, if any, shall not be proceeded with."

It is submitted that as directed above show cause notice was issued on 28.06.2016 to both the respondents by registered AD. Neither AD card nor unserved cover containing show cause notice have been received in respect of both the Respondents.

Service is not complete.

SLP (C) NO. 16725/2016

The matter above-mentioned was listed before the Hon'ble Court on 04.07.2016, when the Court was pleased to pass the following order :-

"Delay condoned. Issue notice. Tag with SLP(C) No.24745 of 2015."

It is submitted that as directed above, counsel for the petitioner has not filed spare copy of SLP for issue of show cause notice to sole respondent so far. Hence show cause notice could not be issued.

Service is not complete.

SLP (C) CC NO. 3889/2016

The matter above mentioned was listed before the Hon'ble Judge in Chambers on 02.09.2016, when His Lordship was pleased to pass the following order:-

"On 11th July, 2016 this Court passed the following order:

"Application seeking exemption from filing certified copy of the impugned judgment/order is allowed.

Delay in filing the special leave petition is condoned subject to payment of Rs.5,000/-, as costs, with the Supreme Court Advocates-on-Record Welfare Trust, within two weeks from today.

Issue notice.

Tag with SLP(C) No.24745/2015.

In the meantime, contempt proceeding, if any, shall not be proceeded with."

As per office report the learned counsel for the petitioners has not filed proof of deposit of Rs. 5,000/ with the Supreme Court Advocates-on-Record Welfare Trust so far. Hence, notice could not be issued. The learned counsel for the petitioners states that he be afforded one more week's time to deposit Rs. 5,000/- as ordered. The cost awarded by this Court's order dated 11th July, 2016 be deposited within one week from today, subject to deposit of further cost of Rs.10,000/- with the Supreme Court Advocate on Record Welfare Trust within one week."

It is submitted that in view of aforesaid order, counsel for the petitioner has not filed proof of deposit of cost with the Supreme Court Advocate on Record Welfare Trust so far. Hence, notice could not be issued.

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

DATED THIS THE 05th DAY OF SEPTEMBER, 2016.

ASSISTANT REGISTRAR

Copy to : Mr. B.V. Balaram Das, Adv. Mr. Ananga Bhattacharya, Adv. Mr. Kaushal Yadav, Adv.

ASSISTANT REGISTRAR

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