Bombay Bar Association vs. Union Of India

Court:Supreme Court of India
Judge:Hon'ble Deepak Gupta
Case Status:Pending
Order Date:30 Jun 2016
CNR:SCIN010159232015

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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) Nos. 10855 AND 23450 OF 2015 WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTARY APPLICATION NO. 4 (Application for intervention in S.L.P. (C) No. 23450 of 2015)

P.C. Joshi, Etc. ...Petitioners

Versus-

Union of India & Ors. .....Respondents

OFFICE REPORT

S.L.P. (C) NO. 10855 OF 2015

The matter abovementioned was listed before the Hon'ble Court on 13th April, 2015 when the Hon'ble Court was pleased to pass the following order:

"Notice."

Accordingly, show cause notice was issued to all the eight respondents on 25th April, 2015 through registered A.D. Post. Mr. B.K. Prasad, Advocate has on 23rd July, 2015 filed Vakalatnama/Appearance on behalf of Respondent Nos. 1 to 5. A.D. Cards duly signed have been received back from Respondent Nos. 6 to 8 but no one has filed Vakalatnama/Appearance on their behalf so far.

It is submitted that office report with regard to not filing of counter affidavit was listed before the Ld. Registrar Court from time to time and lastly on 20th January, 2016, when the following order was passed:

"The respondent Nos. 15 have failed to file the counter affidavit within the period stipulated under the rules. Service of notice is complete on the respondent Nos. 68, but no one has entered appearance on their behalf. Viewed thus, the matter shall be processed for listing before the Hon'ble Court as per rules."

It is lastly submitted that counsel for the respondent Nos. 15/Union of India has not filed counter affidavit so far. No one has filed Vakalatnama/appearance on behalf of respondent Nos. 68 though served with the notice.

S.L.P. (C) NO. 23450 OF 2015

The matter abovementioned was listed before the Hon'ble Court on 10th August, 2015 when the Hon'ble Court was pleased to pass the following order:

"Delay condoned. Notice. Tag with S.L.P.(C) No. 10855 of 2015 Until further orders, there shall be interim stay of the operation and implementation of the impugned final order and judgment passed by the High Court of Judicature at Bombay in W. P. (L) No. 1764 of 2011, dated 15.12.2014."

Accordingly, show cause notice was issued to all the seven Respondents on 8th September, 2015 through registered A.D. Post. Mr. B.K. Prasad, Advocate has on 20th November, 2015, filed Vakalatnama/Appearance on behalf of respondent Nos. 14 and also on 2nd March, 2016, filed Counter Affidavit on their behalf. Copy of the counter affidavit has been included in the paper books. A.D. Card duly signed and stamped has been received back from respondent Nos. 5 7 but no one has filed Vakalatnama/Appearance on behalf of the said respondent Nos. 57 so far.

It is submitted that Ms. Rakhi Ray, Advocate has on 23rd September, 2015 filed application for intervention with affidavit praying therein that the Applicant viz. Supreme Court Bar Association may be permitted to intervene in the said SLP and the said application was listed before the Hon'ble Judge in Chamber on 1st December, 2015, and again on 9th December, 2015, when His Lordship was pleased to pass the following order:

"The application be listed alongwith the main matter before the regular Bench as and when the main matter is to be listed."

The matters are listed before the Hon'ble Court with this office report. Dated this the 27th day of June, 2015.

ASSISTANT REGISTRAR

Copy to:

    1. Ms. T. Anamika, Advocate, Chamber No. 63, GL.Sanghi Block
    1. Mr. B.K. Prasad, Advocate, Central Agency Section.
    1. Mr. E.C. Agrawala, Advocate 48, Lawyer's Chamber.
    1. Ms. Rakhi Ray, Advocate Chamber No. 133, Delhi High Court.

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