Union Of India vs. P. N. Prasad
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
30 Jun 2016
Order Text
Listed on:18 /04/2017 BEFORE Ld. R-COURT No:R-1 Item No:32
SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 5497 & 5498 OF 2016
Union of India & Ors. ETC. ...Appellants
Versus
P.N. Prasad & Ors. ETC. ...Respondents
OFFICE REPORT
It is submitted that the appeals above mentioned were listed before the Ld. Registrar's Court on 20/03/2017 with office report dated 10/03/22017, when the Ld. Registrar's Court was pleased to pass the following order:-
" C.A. No. 5497/2016
None appears for respondent Nos.1, 2, 4 to 11, 13 to 15, 17, 19 to 24 and 28, despite due service.
Await certificate of service of respondent Nos.12, 16, 25 to 27 and 29 to 31 and reminder be issued to this effect.
Fresh and correct address of respondent Nos.3 and 18 to be furnished within two weeks' time. Notice thereafter be issued.
C.A. No. 5498/2016
Fresh and correct address of respondent Nos.1, 6, 7 and 12 to be furnished within two weeks' time. Notice thereafter be issued.
None appears for the remaining respondents, despite due service.
List again on 18.4.2017.."
It is further submitted that in view of the Ld. Registrar's Court's order above mentioned Counsel for the appellant has not furnished the latest and correct address of the respondent Nos.3 & 18 hence fresh notice could not be issued, no one has entered appearance on behalf of served respondents. Certificate of service is awaited in respect of respondent Nos. 12,16,25 to 27 & 29-31 and in this regard Re-reminder has been issued to the High Court.
Contd...2/=
It is also submitted that in Civil appeal No. 5497 of 2016 service of notice is not complete on Respondent Nos. 3,,12,16,18,25 to 27 & 29 to 31 and in Civil appeal No. 5498 of 2016 on Respondent Nos. 1 & 7.
Service position of each respondents in Civil appeal No. 5497 of 2016 are given below:- [ TOTAL =31 RESPONDENTS ]
| 1. | Respondent No. 1 | Served |
|---|---|---|
| 2. | Respondent No. 2 | Served |
| 3. | Respondent No. 3 | Unserved : No such person (As per High Court<br>Certificate of service.) |
| 4. | Respondent Nos. 4 to 11 | All Served |
| 5. | Respondent No. 12 | Awaited |
| 6. | Respondent Nos.13 to 15 | All Served |
| 7. | Respondent No. 16 | Awaited |
| 8. | Respondent No. 17 | Served |
| 9. | Respondent No. 18 | Unserved ( House locked.) As per High Court Certificate of<br>Service. |
| 10. | Respondent No. 19 | Served |
| 11. | Respondent No. 20 to 24 | All Served |
| 12. | Respondent Nos.25 to 27 | All Awaited |
| 13. | Respondent No. 28 | Served |
| 14. | Respondent Nos. 29 to 31 | All Awaited. |
#ALL Served respondents : 1-2,4-11,13-15,17,19-24 & 28
All Unserved respondents : 3,18, (To furnish latest and correct address, letter has been issued Counsel for the appellant on 04/01/2017 but steps not taken so far
All awaited respondents : 12,16,25 to 27 & 29-31.
Contd...3/=
.
Service position of each respondents in Civil appeal No. 5498 of 2016 are given below:- [ TOTAL =14 RESPONDENTS ]
| 1. | Respondent No. 1 (DEAD) | : APPLICATION FOR SUBSTITUTION FILED) |
|---|---|---|
| 2. | Respondent No. 2 to 6 | : ALL Represented by Mr. Satya Mitra Garg, Adv. |
| 3. | Respondent No. 7 | : Unserved [ No such person ] |
| 5. | Respondent No. 8 (DEAD) | : APPLICATION FOR SUBSTITUTION FILED |
| 6. | Respondent No.9 | : represented by Mr. Satya Mitra Garg, Adv. |
| 7. | Respondent No. 10 & 11 | : Both served |
| 8. | Respondent No. 12 & 13 | : Both represented by Mr. Satya Mitra Garg, Adv. |
| 9. | Respondent No. 14 | : Notice Served |
| # | All Served respondent Nos | : 2 to 6, 8 to 14 |
| All Unserved respondent Nos. | : 1(Dead), 8 (Dead) & 7 No such person. | |
It is further submitted that Mr. Satya Mitra Garg, Advocate has on 20th March, 2017 entered appearance on behalf of respondents Nos. 2 to 6,9,12 & 13 but no one has entered appearance on behalf of respondent Nos.8,10-11 & 14 so far. Counsel for the appellant has not furnished the latest and correct address of the respondent No.7 so far. Counsel for the appellant has filed the application for substitution for bringing Lrs. Of deceased respondent Nos.1 and 8 alongwith Condonation of delay and abatement and same have been Regd. as I.A. Nos.3 & 4 and 5 to 8. All have been listed befor the Hon'ble Judge in Chamber for orders.
It is lastly submitted that as per High Court letter dated 6/1/2017 reminder has been issued to the concerned Distt. Judge, at Moradabad,UP, The Senior sub-Judge, Faridabad,(HR) and Distt. Judge, Dhaulpur, Rajasthan to expedite the dispatch the Certificate of service in respect of respondent Nos. 12,16,25 to 27,29 & 30, 20 & 31 in C.A. No. 5497 of 2016 has been received in Civil appeal No. 5497/2016 and directed the lower Courts to forward the same to the Supreme Court.
Civil appeals are not ready.
The appeals above mentioned are listed before the Ld. Registrar's Court with this office report.
DATED THIS THE 17th day of April, 2017.
ASSISTANT REGISTRAR.
Copy to: 1.MR. S. N. Terdel, Adovate (Central Agency.) 2.Mr. J. D. Bhandari, Advocate ( No Chamber) 3.Mr. Kishore Kumar Patel, Advocate ( No Chamber) 4.Mr. Satya Mitra Garg, Advocate (209, C.K. Daphtary Block/ law chamber)
ASSISTANT REGISTRAR.
Mj
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