Rukmini vs. C. Nagaraj
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SECTION IVB
Listed on 8.12.2015 Court No.13
IN THE SUPREME COURT OF INDIA Item No.103 CIVIL APPELLATE JURISDICTION
PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL)NOS. 28455 28456 OF 2013, 1433334 AND 11367 OF 2014 AND 8543 OF 2015.
WITH PRAYER FOR INTERIM RELIEF AND
INTERLOCUTORY APPLICATION NO.12 & 34 in SC1433334/14 (Application for condonation of delay in filing and refiling the SLP)
AND
INTERLOCUTORY APPLICATION NOS. 1 & 2 in SC11367/2014 (Application for condonation of delay in filing and refiling the SLP)
Parminder Singh & Anr. Etc.Etc. Petitioner(s)
Versus
Bajaj Allianz Gen. Ins. Co. Ltd. & Anr. Etc. Etc. Respondent(s)
OFFICE REPORT
SLP (C) Nos. 2845528456 OF 2013
The matters above mentioned were listed before the Hon'ble Court on 08.10.2015, when the Court was pleased to pass the following order:
" List the Special Leave Petitions along with Civil Appeal NO. 5826 of 2011."
It is submitted that there are total two common respondents in this matters. Ms. Meera Mathur, Advocate has filed Vakalatnama & Memo of Appearance on behalf of Respondent No. 1 but has not filed Counter Affidavit so far. A.D. Card duly signed has been received back in respect of common Respondent No. 2 but no one has filed Vakalatnama & Memo of Appearance on behalf of the said respondent so far.
Service of show cause notice is complete.
SLP (C) Nos. 1433314334/2014
The matters above mentioned were listed before the Ld. Registrar on 09.02.2015, when the following order was passed :
" Fresh steps for the service of notice by usual mode to the unserved respondent nos. 2 to 5 shall be taken by the learned counsel for the petitioner within a period of three weeks. Dasti in addition is permitted to be served through the Trial Court the particulars of which shall be furnished by the learned counsel for the petitioner within the period prescribed above.
Service of notice is complete on the respondent no.1 but no one has entered appearance on his behalf.
List again on 17.04.2015."
The matter above mentioned was again listed before the Ld. Registrar on 06.08.2015 when the following order was passed :
" The office report indicates that although vide order dated 17.04.2015 of this Court four weeks time as last chance was given to learned counsel for the petitioner to take fresh steps for the service of notice to the unserved respondent nos. 2 to 5, yet he has not done the needful within the period stipulated in the order. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders. List thereafter."
Thereafter, the matter above mentioned was listed before the Hon'ble Court on 14.10.2015, when the Court was pleased to pass the following order:
" List along with C.A. No. 5826 of 2011 Etc."
It is submitted that counsel for the petitioner has on 23.04.2015 filed spare copies for issuance of Notice to unserved Respondent Nos. 2 to 5. But she had not provided particulars of concerned Trial Courts in respect
of Respondent Nos. 2 to 5. After order dated 06.08.2015 of Ld. Registrar, counsel has on 30.09.2015 filed particulars of concerned Trial Courts in respect of Respondent Nos. 2 to 5. But, show cause notice could not be issued as counsel has done the needful after the time granted by Ld. Registrar. Respondent No. 1 has been served by registered A.D. Post but no one has entered appearance on its behalf so far.
Service of show cause notice in respect of Respondent Nos. 2 to 5 is not complete.
SLP (C) No. 11367/2014
The matter above mentioned was listed before the Hon'ble Court on 13.10.2015, when the Court was pleased to pass the following order:
" Post along with C.A. No. 5826 of 2011 and connected matters on 08.12.2015."
It is submitted that fresh show cause notice was issued to respondent Nos. 1 to 5 vide Ld. Registrar's Order dated 08.09.2014. Mr. Ambhoj Kumar Sinha, Advocate has filed vakalatnama and counter affidavit on behalf of Respondent No. 1 and counter affidavit is included in the SLP Paper Books. Respondent Nos. 3 to 4, 5 are minors and represented through respondent No. 2. Neither A.D. Card nor unserved cover containing notice has been received back from Respondent No. 2 so far. Dasti show cause notice was issued in respect of respondent No. 2 pursuant to Ld. Registrar Order dated 07.08.2015. But counsel for the petitioner has not filed affidavit with proof of dasti in respect of respondent No. 2.
Service of show cause notice is incomplete in respect of respondent No. 2.
SLP (C) No. 8543 of 2015
The matter above mentioned was listed before the Hon'ble Court on 26.11.2015 with office report dated 14.10.2015, when the Court was pleased to pass the following order:
" List along with C.A. No. 5826 of 2011 and connected matters. The Registry is directed to secure the records from the Tribunal at the earliest."
It is submitted that Original Record of Tribunal is being called by speed post and by Fax.
It is further submitted that a fax letter has been received from the High Court on 07.10.2015 stating therein that original record of Tribunal was sent with letter dated 03.12.2015 but no Original Record is received so far.
Service of show cause notice is incomplete in respect of Respondent Nos. 1, 3 & 4.
The matters are listed before the Hon'ble Court with this office report.
Dated this the 7th day of December, 2015.
ASSISTANT REGISTRAR
Copy to : Dr. Vipin Gupta, Adv. Ms. Meera Mathur,Adv. Mr. Ambhoj Kumar Sinha, Adv. ASSISTANT REGISTRAR
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