Reepak Kansal vs. Union Of India Ministry Of Health And Family Welfare Secretary

SECTION PIL (WRIT) MATTER FOR : 01.04.2015

REGISTRAR'S COURT NO. : 01

ITEM NO. : 33

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

BEFORE THE LD. REGISTRAR'S COURT

WRIT PETITION (CIVIL) NO. 577 OF 2014 (Under Article 32 of the Constitution of India) WITH INTERLOCUTORY APPLICATION NO. 2 (Application for exemption from filing O.T.)

Reepak Kansal ...Petitioner

Versus

Union of India & Ors. ...Respondents

OFFICE REPORT

The Writ Petition above-mentioned was listed before the Registrar's Court on 13.02.2015 with Office Report dated 11.02.2015, when he was pleased to pass the following order :-

"The Ld. Advocate, Mr. Sanjay Kumar Mishra, appearing on behalf of respondent No. 3 submits that vakalatnama and counter affidavit on behalf of the said respondent has already been filed. However, his name has not been shown in the Cause List. Registry to update the name of the Ld. Counsel for respondent No. 3 in the Cause List.

Respondent No. 15 has also filed counter affidavit alongwith the application praying for exemption from filing O.T, which has been already registered as I.A. No. 2.

Proof of serving the pleadings on respondent No. 20 has also been filed.

Counter affidavit on behalf of respondent No. 8 has been filed. However, copy thereof is to be served upon the Ld. Counsel for the petitioner. Let it be served.

Respondent No. 30 has neither filed vakalatnama nor counter affidavit. Four weeks' time is requested. It shall be the last opportunity.

Respondent No. 13 is also granted four weeks' time to file counter affidavit.

The Ld. Counsel for the petitioner is required to serve the complete set of the pleadings to the respondents, who have marked presence but have not yet filed the counter affidavit. Their respective counter affidavit be filed within four weeks thereafter.

However, with respect to respondent Nos. 2, 14, 16, 21, 28 and 33, the Ld. Counsel for the petitioner is required to take fresh steps to effect service on the said respondents.

List again on 1.4.2015."

Pursuant to above-mentioned Order, it is submitted that name of Mr. Sanjay Kumar Visen, appearing on behalf of Respondent No. 3 is updated.

It is further submitted that Counsel for Respondent No. 8 (State of Arunachal Pradesh) has not filed proof of service with respect to serving copy of Counter Affidavit upon Counsel for Petitioner, so far.

It is further submitted that neither Vakalatnama nor Counter Affidavit have been filed on behalf of State of West Bengal (Respondent No. 30), so far.

It is further submitted that Counter Affidavit has not been filed on behalf of State of Himachal Pradesh (Respondent No. 13), so far.

It is further submitted that Counsel for the Petitioner has not filed proof of service with respect to serving copy of pleadings to the Counsels who have filed Vakalatnama/appearance on behalf of respondents so far.

It is further submitted that Counsel for the Petitioner has not taken any fresh steps for effecting service upon Respondent Nos. 2, 14, 16, 28 and 33. It is pertinent to mention that Respondent No. 2 has filed Counter Affidavit but Vakalatnama/appearance has not been filed on their behalf so far.

It is lastly submitted that Mr. B.H. Marlapalle, Sr. Advocate (A.C.) has on 27.03.2015 filed Written Submission and the same stands included in the Paper Books.

It is further submitted that pursuant to Ld. Registrar's Order dated 12.12.2014, Mr. Jogy Scaria, Advocate has on 6.1.2015 filed Vakalatnama/appearance and also on 10.3.2015 filed Counter Affidavit on behalf of State of Kerala. It is pertinent to note that State of Kerala is not a party in the instant matter.

It is further submitted that the following Vakalatnama/appearances have been filed on behalf of the following Respondents:-

Sl. No.	Filed by	Filed on	Respondent No.
1.	Mr.<br>Sanjay<br>Kumar	12.12.2014	State of Haryana (R-3)
	Singh
2.	Ms. Kirti R. Mishra	15.10.2014	State of Odisha (R-5)
3.	Ms. Hemantika Wahi	19.09.2014	State of Gujarat (R-6)
4.	Mr. Guntur Prabhakar	29.10.2014	State of Andhra Pradesh (R-7)
5.	Mr. Anil Shrivastav	28.01.2015	Arunachal Pradesh (R-8)
6.	M/s Corporate Law Group	15.09.2014	State of Assam (R-9)
7.	Mr. Abhinav Mukerji	18.09.2014	State of Bihar (R-10)
8.	Mr. A.P. Mayee	13.10.2014	State of Chhattisgarh (R-11)

9.	M/s K.J. John & Co.	18.11.2014	State of Goa (R-12)
10.	Mr. Gopal Prasad	09.10.2014	State of Jharkhand (R-15)<br>(Filed only Memo of appearance)
11.	Mr. Ashok Kumar Singh	20.11.2014	State of Manipur (R-19)
12.	Mr. P.V. Yogeswaran	17.12.2014	Mizoram (R-21)
13.	M/s Arputham Aruna & Co.	08.09.2014	State of Sikkim (R 25)
14.	Mr. Gopal Singh	14.02.2015	Tripura (R-27)
15.	Mr. J.K. Bhatia	05.12.2014	State of Uttarakhand (R-29)
16.	Ms. G. Indira	26.09.2014	U.T. of Andaman & Nicobar (R-31)
17.	Mr. Anil K. Chopra	10.12.2014	UT of Chandigarh (R-32)
18.	Mr. D.S. Mahra	10.11.2014	U.T. of Daman & Diu (R-35)

It is further submitted that the following Counter Affidavits have been filed on behalf of the following Respondents:-

Sl.<br>No.	Filed by	Filed on	Filed on behalf of States/U.T.s
1.	Mr. D.S. Mahra	05.01.2014	Union of India (R-1) and Drug<br>Controller General of India (R-2)<br>(Vakalatnama/<br>appearance<br>not<br>filed)
2.	Mr.<br>Sanjay<br>Kumar<br>Visen	12.12.2014	Haryana (R-3)
3.	Ms. Hemantika Wahi	5.11.2014	State of Gujarat (R-6)
4.	Mr. Guntur Prabhakar	28.11.2014	State of Andhra Pradesh (R-7)
5.	Mr. Anil Shrivastav	28.01.2015	Arunachal Pradesh (R-8)<br>(Copy not served<br>upon Central<br>Agency and the Amicus Curiae)
6.	Mr. Abhinav Mukerji	18.09.2014	State of Bihar (R-10)
7.	Mr. A.P. Mayee	10.11.2014	State of Chhattisgarh (R-11)
8.	Mr. Gopal Prasad	19.01.2015	Jharkhand (R-15)<br>(alongwith application for exemption<br>from filing O.T. which has been<br>registered as I.A. 2)
9.	Mr.<br>Ashok<br>Kumar<br>Singh	13.02.2015	Manipur (R-19)
10.	Mr. Ranjan Mukherjee	28.01.2015	Meghalaya (R-20)
11.	Mr. P.V. Yogeshwaran	20.03.2015	Mizoram (R-21)<br>(Copy not served<br>upon Amicus<br>Curiae)

12.	Mr. J.K. Bhatia	19.02.2015	Uttarakhand R(-29)<br>(Copy not served<br>upon Amicus<br>Curiae)
13.	Mr. Anil K. Chopra	17.02.2015	Chandigarh (R-32)<br>(Copy not served<br>upon Amicus<br>Curiae)

The Writ Petition alongwith application above-mentioned are listed before the Registrar's Court with this Office Report for Orders.

Dated this the 31s t day of March, 2015.

Sd/- Assistant Registrar