V. M. Salgocar And Borther Private Limited vs. Kashinath Jairam Shetye

SECTION II-A IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NOS. 4033, 5737, 5730, 5729, 5734, 5731 & 5733 OF 2013 WITH CRIMINAL MISCELLANEOUS PETITION NOS.9761, 10330, 10331, 10939, 10940 & 14543 OF 2013 (Applications for permission to file Slp, exemption from filing certified copy and stay)

DR. PRAFULLA R. HEDE ...PETITIONER VERSUS KASHINATH JAIRAM SHETYE AND ORS. ...RESPONDENTS OFFICE REPORT

SLP (Crl.) No. 4033 of 2013

The matter above-mentioned was listed before the Hon'ble Court on 30th April, 2013, when the Court was pleased to pass the following order:-

"Taken on Board.

Permission to file Special Leave Petition is granted.

Issue notice, returnable eight weeks hence.

In the meantime, the impugned judgement and order dated 22nd March, 2013, passed by the Bombay High Court in CRL.W.P No.107 of 2012, shall remain stayed."

Accordingly show cause notice was issued to all the respondents through registered A.D. Post.

It is submitted that Ms. Jyoti Mehndiratta, Advocate has filed vakalat/ appearance and reply on behalf of Respondent No. 1. Mr. T. Mahipal, Advocate has filed vakalat/ appearance on behalf of Respondent Nos. 2, 3, 4, 6 & 7. Further Mr. B. V. Balramdas, Advocate has filed vakalatnama/appearance and counter affidavit on behalf of Respondent Nos. 5 and 8 without serving copy and counter affidavit on counsel for the Respondent No. 1. Hence service of show cause notice is complete in the matter. The reply filed by Respondent No. 1 has been included in the paper books. The common counter affidavit filed by Respondent Nos. 5 and 8 is being circulated to the Hon'ble Court.

SLP (Crl.) Nos. 5737, 5730, 5729, 5734, 5731 & 5733 OF 2013

These matters above-mentioned were listed before the

Hon'ble Court on 8th July, 2013, when the Court was pleased to pass the following order:-

"Permission to file special leave petitions is granted.

Issue notice.

Since Mr. Colin Gonsalves, learned senior advocate, represents the Respondent No.1, service of notice on the said respondent is dispensed with. The respondent will be entitled to file its counter affidavit to the special leave petitions within two weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

It appears that S.L.P. (Crl.) No.4033 of 2013 against the same judgement is pending in this Court. In addition, a writ petition, being W.P. (C) No.435 of 2012, is said to be pending before the Forest Bench, which also is to some extent concerned with the M.B. Shah Commission Report.

Having regard to the above, let this matter be heard along with S.L.P. (Crl.) No.4033 of 2013 at an early date. Liberty is given to the parties to mention the matter for early hearing once the pleadings are complete. The parties will also be at liberty to mention the matter before the Forest Bench for similar directions.

In the meantime, the impugned directions of the High Court shall remain stayed."

Accordingly a common show cause notice was issued to all the eight respondents in the matter through registered A.D. Post.

It is submitted that Ms. Jyoti Mehndiratta, Advocate has filed vakalat/ appearance on behalf of Respondent No. 1. Mr. B. V. Balramdas, Advocate has filed vakalatnama/ appearance on behalf of Respondent Nos. 5 and 8. Neither A.D. Card nor unserved envelop have been received back in the registry in respect of Respondent Nos. 2, 3, 4, 6 & 7 (State of Goa) so far. Hence service of show cause notice is not complete in these matters. However, Respondent State of Goa is represented through Mr. T. Mahipal, Advocate in Special Leave Petition (Crl.) No. 4033 of 2013.

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

DATED this the 27th day of September, 2013.

Copy to:- Mr. A.V. Balan, Advocate Ms. Jyotika Kalra, Advocate. Mr. T. Mahipal, Advocate Mr. B. V. Balaramdas, Advocate C3/km ASSISTANT REGISTRAR