Union Of India Ministry Of Defence Secretary To The Govt vs. K. V. V. S. S. Murthy

Court:Supreme Court of India
Judge:Hon'ble Ashok Bhushan
Case Status:Disposed
Order Date:4 May 2017
CNR:SCIN010145762017

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LISTING ON 04.05.2017 COURT NO. 9 ITEM NO. 1

SEC.IVA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 34736, 28273, 17000, 22848849, 3209698, 34724, 35861, 3806667, 38068 And SLP© CC… No. 1145611457 OF 2016 AND 9464 OF 2017, 42714272, 78537855, 2310423105, 23326, 23110111/ OF 2016, WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NO. 1 (Application for condonation of delay in filing SLP in SLP© No. 35861/2016) AND INTERLOCUTORY APPLICATION NO.12 (Application for condonation of delay in filing SLP in SLP© No. 3806667/2016) AND INTERLOCUTORY APPLICATION NOS. 12 (Application for condonation of delay in filing SLP© CC… No. 1145611457/2016 AND INTERLOCUTORY APPLICATION NO. 34 (Application for condonation of delay in depositing the Costs of Rs. 25000/ in SLP© CC… No. 1145611457/2016) AND INTERLOCUTORY APPLICATION NOS. 1 & 2 (Application for condonation of delay in filing and refiling in SLP© No. 38068/2016) Union of India & Anr. ...Petitioners

Versus-

C.M. Venkatesh etc. etc. ...Respondents

OFFICE REPORT

SLP© No. 34736/2016

The matter above mentioned was listed before the Hon'ble Court on 11.07.2016 with office report dated 08.07.2016, when the Court was pleased to pass the following Order:

"Application seeking exemption from filing certified copy of the impugned order is allowed. Delay in filing 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 wit SLP© No. 24745/2015. In the meantime, contempt proceedings, if any, shall not be proceeded with."

It is submitted that counsel for the petitioners has deposited the costs of Rs. 5,000/ on 22.11.2016 after the expiry of two weeks time granted by the Hon'ble Court on 11.07.2016 and filed proof thereof on 02.12.2016. The delay in depositing the said Costs of Rs. 5,000/ was condoned by the Order dated 16.11.2016 of Hon'ble Chambers Judge. Accordingly, show cause notice was issued to the sole respondent on 02.12.2016 through regd A.D. post. Sole respondent is served with show cause notice by regd A.D. post as per tracking report of Postal Authority, but no appearance is filed so far.

Service of show cause notice is complete.

SLP© Nos. 28273, 17000 Of 2016

It is submitted that counsel for the petitioners have not filed spare copies of SLPs, hence show cause notice could not be issued so far.

SLP© Nos. 2311023111, 22848849 OF 2016

It is submitted that upon depositing the costs of Rs. 5,000/ pursuant Court's Order dated 01.07.2016, SLP are registered but counsel for the petitioners has not filed spare copies of SLPs, hence show cause notice could not be issued so far.

SLP© No. 3209698/2016

It is submitted that there are two respondents. Respondent No. 2 is served with show cause notice by regd A.D. post but no appearance is filed. Service is not effected on Respondent No. 1 for the reason of the postal remarks "Left", as per tracking report of Postal Authority.

Service of show cause notice is not complete on Respondent No. 1.

SLP© No. 34724 And 35861 OF 2016

It is submitted that service of show cause notice is complete on the sole respondent but no counter affidavit is filed so far.

Service of show cause notice is complete.

SLP© No. 3806638067 And 38068 OF 2016

It is submitted that Service is complete on the sole respondent but no appearance is filed so far.

SLP© No. 427172 AND 785355 OF 2016

It is submitted that there are two respondents in both the SLPs. Mr. Ananga Bhattacharyya, Advocate has filed memo of appearance/vakalatanama on behalf of both Respondents, but no counter affidavit is filed so far.

It is submitted that Mr. B.V. Balaram Das, Advocate for the petitioners has been appointed as Presiding Officer, Employees' Provident Fund Appellate Tribunal (EPFAT). Therefore, Mr. S.N. Terdal, Advocate has been appointed in his place as per the Office Order dated 02.06.2016 received from the Ministry of Law and Justice(Copy enclosed). But Mr. S.N. Terdal, Advocate has not filed his memo of appearance on behalf of petitioners so far.

Service of show cause notice is complete.

SLP© Nos. 23104105 And 23326 OF 2016

It is submitted that service of show cause notice is complete on the sole respondent but no appearance is filed so far.

SLP© No. 9464 OF 2017

It is submitted that show cause notice was issued on 05.04.2017 to the sole respondent by regd A.D. post. Service is still awaited.

SLP© CC… No. 1145657 OF 2017

The matters above mentioned were listed before the Hon'ble Court on 29.07.2016 with office report dated 28.07.2016, when the Court was pleased to pass the following Order:

"Delay in filing the Special Leave Petitions is condoned subject to payment of Rs. 25,000/ as costs, with the Supreme Court Employees' Mutual Welfare Fund within two weeks from today. Issue notice. Tag with SLP© No. 24745 of 2015."

It is submitted that counsel for the petitioners has neither made the payment of Rs. 25,000/ as costs with the Supreme Court Employees' Mutual Welfare Fund nor has filed one spare copy of SLP for issuance of show cause notice to the sole respondent so far. Two weeks time granted by the Hon'ble Court has expired on 12.08.2016.

It is further submitted that counsel for the petitioners instead of doing above needful has on 09.09.2016 filed an application for condonation of delay in depositing costs of Rs. 25,000/ with the Supreme Court Employees Mutual Welfare Fund. The same is registered as I.A. Nos. 34 and is placed with the SLP paper books.

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

Dated this the 3rd day of May, 2017.

ASSISTANT REGISTRAR

Copy to: Mr. S.N. Terdal, Advocate Ms. Ananga Bhattacharyya, Advocate Mr. Mukesh Kr. Maroria, Advocate

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