Om Prakash vs. Radha Swami Satsang Registered Society Adhyatmic Nagar P. O. Dayalpuriand Ors. President
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Order Text
SECTION IVB
Listed on 3.5.2017 Court No.R1
IN THE SUPREME COURT OF INDIA Item No. 43 CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL)NO.25420 AND 34451 OF 2016
Om Prakash & Ors. Petitioner(s)
Versus
Radha Swami Satsang Registered Society & Ors. Respondent(s)
OFFICE REPORT
The matter above mentioned was listed before the Hon'ble Court on 11.11.2016 when the Court was pleased to pass the following order :
" SLP (C) No. 25420/2016 Issue fresh notice to the unserved respondents. Dasti, in addition. CC No. 19850/22016Delay condoned. Delay condoned. Issue notice. Dasti, in addition."
SLP (C) No. 25420/2016
There are 16 respondents. Fresh show cause notice was issued to unserved respondent nos. 18, 10 and 1416 through Registered A.D. Post as well as by Dasti.
It is submitted that Mr. Abhishek Choudhary, Advocate has filed Vakalatnama and Memo of Appearance on behalf of respondent Nos. 3, 5, 8, 9, 11, 12 and 13 but He has not filed Counter Affidavit so far.
It is further submitted that Ms. Chrishti Jain, Advocate has filed Affidavit along with Proof of service in respect of respondent Nos. 1, 4, 10, 15 and 16. Service of respondent Nos. 1, 4, 10, 15 and 16 is complete but no one has entered appearance on thier behalf. Respondent No. 7 has expired but cousel for the petitioner has not filed application for substitution so far.
It is further submitted that respondent No. 2 has expired and Ms. Christi Jain, Advocvate has filed application for substitution of deceased respondent No. 2 and application for condonation of delay in filing substitution. But the same is defective for the reason that counsel has not filed application for setting aside abatement. A letter has been issued to Advocate for curing the defects.
It is further submitted that Ms. Christi Jain, Advocate has filed application for deletion of respondent nos. 6, 7, 8 and 14.
As per tracking report, service position of rest of the unserved respondents is as follows:
| RRs | Tracking report status | Remarks |
|---|---|---|
| R2 | Application<br>for<br>substitution<br>filed. | Expired |
| R6 | Item delivered at New Delhi GPO. | Incomplete |
| R7 | Item delivered at New Delhi GPO. | Expired |
| R14 | Item delivered at New Delhi GPO. | Incomplete |
Service of show cause notice is incomplete on respondent nos. 6, 7, 8 and 14.
SLP (C) No. 34451/2016
Accordingly, show cause notice was issued on 22.12.2016 through Registered A.D. Post as well as by Dasti. As per tracking report, consignment details not found in respect of respondent Nos. 2, 4, 5, 11.
It is submitted that Mr. Abhishek Choudhary, Advocate has filed Vakalatnama & memo of Appearance on behalf of respondent Nos. 1, 3, 610 but has not filed Counter Affidavit so far.
Service of show cause notice is not complete on respondent Nos. 2, 4, 5, 11.
The matter above mentioned is listed before the Hon'ble Court with this office report.
Dated this the 2nd day of May, 2017.
ASSISTAT REGISTRAR Copy to :Mr./Ms.Christi Jain , Adv. Mr. Abhosele Choudhary, Adv.
ASSISTANT REGISTRAR
com2/neeraj
Original Order Copy
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