LISTING ON 19.04.2016 COURT NO. 1 ITEM NO. 7

SEC.IVA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 7116 & 8145 OF 2016 WITH PRAYER FOR INTERIM RELIEF

M/S. AJAR ENTERPRISES PVT. LTD. ETC. ...PETITIONERS

Versus-

SATYANARAYAN SOMANI AND ORS. ...RESPONDENTS

OFFICE REPORT

The matters above mentioned were listed before Hon'ble Court on 18.03.2016 with office report dated 16.03.2016, when the Court was pleased to pass the following order:

"Heard.

SLP(C) No.7116 of 2016:

Issue notice, returnable on Tuesday, the 19th April, 2016.

Dasti, in addition, is also permitted.

Mr. Kartik Seth, Advocate, appears on behalf of respondents no.1 and 2, and undertakes to file his vakalatnama as also counter affidavit within four weeks. Mr. Arvind Kumar, Advocate, who had earlier filed a caveat on behalf of respondents no.1 and 2 is permitted to retire. Notice shall issue to the remaining respondents only.

Pending further orders from this Court, the parties shall maintain status quo as it exists today. We make it clear that the petitioner shall not alienate or encumber any part of the property indispute without the permission of this Court. The petitioner shall, before the next date of hearing, file an additional affidavit indicating the following :

(1) The total number of plots developed out of the disputed parcel of land and their sizes.

(2) The total number of commercial and other establishments/amenities provided or developed in the area inquestion.

(3) The total number of plots/flats already sold by the petitioner with names of the purchasers and the sale consideration received for such sales.

(4) The number of plots/flats that remain to be sold or alienated with their sizes. (5) The status of plots that have already been sold and whether they have already been built upon by the purchasers; (6) The number of flats/E.W.S flats constructed by the petitioner and the extent of area covered by the same. (7) The total Project cost incurred by the petitioner on developing the area inquestion and the amount already received towards sale price of plots and flats, already sold. SLP(C)No......of 2016 (CC No.5017 of 2016): Permission to file the special leave petition is granted. Issue notice, returnable on Tuesday, the 19th April, 2016.

Dasti, in addition, is also permitted.

Tag along with SLP(C) No.7116 of 2016."

SLP No. 7116/2016

It is submitted that there are eight respondents in the matter above mentioned. Show cause notice was issued to respondent nos. 3 to 8 on 31.03.2016 through usual mode and dasti also.

It is further submitted that neither A.D Card nor unserved registered covers in respect of notice sent through unsual mode to the respondents have been received back so far.

It is further submitted that Mr. Senthi Jagadeesan, Advocate for the petitioner has on 07.04.2016 filed affidavit of dasti service stating therein that "the petitioner has served the dasti notice by hand on respondent nos. 3 to 8". Mr. Arjun Garg, Advocate has on 11.04.2016 filed vakalatnama on behalf of respondent no. 4 but no counter affidavit has been filed, so far.

It is further submitted that Mr. Kartik Seth, Advocate who has undertaken to file his vakalatnama and counter affidavit on behalf of respondent nos. 1 and 2 as per the above quoted order dated 18.03.2016, the said counsel has not filed vakalatnama and counter affidavit, till date.

It is lastly submitted that Mr. Senthil Jagadeesan, Advocate has on 12.04.2016 filed additional affidavit along with Annexure 1 to 11 on behalf of petitioner. Copy of same is being circulated herewith with office report.

SLP No. 8145/2016

It is submitted that there are nine respondents in the matter above mentioned. Show cause notice was issued to all the respondents through registered A.D. post on 31.03.2016 and also dasti in addition.

It is further submitted that neither A.D Card nor unserved registered covers in respect of notice sent through unsual mode to the respondents have been received back so far.

It is further submitted that Ms. Liz Mathew, Advocate for the petitioner has on 07.04.2015 filed affidavit of dasti service on behalf of all the nine respondents.

It is lastly submitted that Mr. Arjun Garg, Advocate has on 11.04.2016 filed vakalatnama on behalf of respondent no. 4 but no counter affidavit has been filed, so far.

Service of notice in both the matters is complete by way of dasti service.

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

Dated this the 18th day of April, 2016.

ASSISTANT REGISTRAR

Copy to: Mr. Senthil Jagadeesan, Advocate Mr. Arvind Kumar, Advocate Ms. Liz Mathew, Advocate Mr. Arjun Garg, Advocate

ASSISTANT REGISTRAR

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