SECTION : XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 9367-69/2011, 79-82, 83-84, 192-196/2012, SLP(C) No. 20638/2015, C.A. Nos. 5164, 3151/2012 & 1127-28/2013 WITH INTERLOCUTORY APPLICATION NOS. 28-32 in C.A. Nos. 192-196/2012

(Application for directions)

SECR., MINISTRY OF DEFENCE ...PETITIONER

VERSUS

BABITA PUNIYA & ANR.& ETC. ...RESPONDENTS

OFFICE REPORT

The I.A. Nos. 28-32 i.e. applications for directions in C.A. Nos. 192-196 of 2012 were listed before the Hon'ble Court on 16.08.2016, when the Court was pleased to pass the following Order:-

"List these applications on Friday, 26th August, 2016 along with C.A.No.192-196 of 2012, C.A.No.9367-9369 of 2011 and all connected matters. Office report shall indicate whether service and pleadings in all these matters are complete or not."

Service position of the matters above-mentioned are as under:-

C.A. No. 9367/2011:-

It is submitted that there are 33 respondents in this appeal. Respondent No. 1 is represented by Mrs. Rekha Palli, Advocate, who has been since designated as a Senior Advocate. Accordingly, notice for Alternative arrangement was issued to respondent No. 1 by special messenger. Unserved cover containing notice has been received from respondent No. 1 with postal remarks "Incomplete address". Certificate of service has been received from the High Court in respect of respondent No. 2 but no one has entered appearance so far. Respondent Nos. 3 to 27 and 29 to 33 are represented by Mr. Harish Pandey, Advocate. Respondent No. 28 has been deleted vide Court's Order dated 16.07.2015.

It is further submitted that for non-completion of service on respondent No. 1 the appeal above mentioned was listed before the Hon'ble Judge-in-Chambers on 17.08.2016 with an Office Report for Directions, when His Lordship was pleased to pass the following Order:-

"Ms. Rekha Palli, Advocate representing respondent No.1 earlier has been designated as senior Advocate.

As per order IV Rule 18 of the Supreme Court Rules, 2013, she is required to inform respondent No.1 to enable her to make alternative arrangements.

It is, however, not known as to whether she has informed or not. Let Court notice be issued to Ms. Rekha Palli, Senior Advocate."

It is lastly submitted that pursuant to the said order, notice was issued to Ms. Rekha Palli, Senior Advocate on 23.08.2016. Service is awaited in respect of respondent No. 1.

Service is not complete in respect of respondent No. 1. C.A. No. 9368/2011:-

It is submitted that there are 35 respondents in this appeal. Respondent Nos. 1, 2, 3, 5 to 35 are represented by Mr. Harish Pandey, Advocate. Certificate of service has been received from the High Court in respect of respondent No. 4 but no one has entered appearance so far. Service of notice

of lodgment of petition of appeal is complete.

C.A. No. 9369/2011:-

It is submitted that there are 51 respondents in this appeal. Respondent Nos. 1 to 16, 18, 20 to 51 are represented by Mr. Harish Pandey, Advocate. Certificate of service has been received from the High Court in respect of respondent Nos. 17 & 19 but no one has entered appearance so far. Service of notice of lodgment of petition of appeal is complete.

It is further submitted that counsel for the appellant has filed statement of case but counsel for the respondent has not filed statement of case so far.

C.A. Nos. 79-82/2012:-

It is submitted that there are 11 respondents in these appeals. Respondent Nos. 1 to 4 (common) are contesting respondents and are represented by Mr. B. V. Balaram Das, Advocate. Rest of the respondents in these appeals and proforma respondents and the said proforma respondents have been deleted vide Court's Order dated 06.04.2016.

Service is complete.

It is further submitted that Counsel for the appearing parties have not filed statement of case so far.

C.A. Nos. 83-84/2012:-

It is submitted that there are 13 respondents in these appeals. Respondent Nos 1 to 4 are represented by Mr. B. V. Balaram Das, Advocate. Name of performa respondent Nos. 5 to 13 have been deleted vide Hon'ble Chamber Judge Order dated 05.01.2015.

Service is complete.

It is further submitted that counsel for the appellant has filed statement of case but counsel for the appearing respondents has not filed statement of case so far.

C.A. No. 192-196/2012:-

It is submitted that there are 4 respondents (common) in these appeals and all are represented by Mr. B. V. Balaram Das, Advocate.

Service is complete.

It is further submitted that notice for alternative arrangement was issued to the appellants as Mrs. Rekha Palli, erstwhile Advocate for the appellants has been designated as Senior Advocate. Ms. Aishwarya Bhati, Advocate has filed vakalatnama/appearance on behalf of appellant Nos. 7 to 9, 11 & 12 in C.A. No. 192/2012, 5 to 8, 10 & 11 in C.A. No. 193/2012, 2 to 6, 8 & 9 in C.A. No. 194/2012, 1 to 4, 6 & 7 in C.A. No. 195/2012 and 1 to 5, 7 & 8 in C.A. No. 196/2012. Mr. Deepak Goel, Advocate has filed vakalatnama/appearance on behalf of appellant Nos. 1, 2, 4 & 5 in C.A. Nos. 192/2012 and appellant Nos. 1, 3 & 4 in C.A. No. 193/2012. A.D. cards duly signed have been received back from rest of the appellants in these appeals but no one has entered appearance on their behalf so far.

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It is lastly submitted that counsel for the appearing parties have not filed statement of case so far.

SLP(C) No. 20638/2015:-

It is submitted that there are 7 respondents in this matter and are represented by Mr. S. N. Terdal, Advocate. Counsel appearing for respondents has not filed counter affidavit so far.

Service is complete.

C.A. No. 5164/2012:-

It is submitted that there are 13 respondents in this appeal. Service of notice of lodgment of petition of appeal is complete on respondent Nos, 1 to 4, 7, 9, 12 & 13. Respondent Nos. 2 to 4 are represented by Mr. B. V. Balaram Das, Advocate. No one has entered appearance on behalf of respondent Nos. 1, 7, 9, 12 and 13 so far though served with notice.

It is further submitted that names of respondent Nos. 5, 6, 8, 10 and 11 were deleted vide this Court's Order dated 12.05.2015.

Service is complete.

It is lastly submitted counsel for the appearing parties have not filed statement of case so far.

C.A. No. 3151/2012:-

It is submitted that there are 13 respondents in this appeal. Respondent Nos. 1 to 4 & 7 are represented by M/s. B. V. Balaram Das and Sridhar Potaraju, Advocates respectively. Service is complete in respect of respondent Nos. 8, 12 and 13 but no one has entered appearance on their behalf so far. Respondent Nos. 5, 6, 9, 10 & 11 have been deleted vide Court's Order dated 13.07.2016.

Service is complete.

It is lastly submitted that counsel for the appearing parties have not filed statement of case so far.

C.A. No. 1127-28/2013:-

It is submitted that there are 5 respondents in C.A. No. 1127/2013 and sole respondent in C.A. No. 1128/2013. Respondent No. 1 is represented by Mr. Harish Pandey, Advocate in C.A. No. 1127/2013. Certificate of service has

been received from the High Court stating therein that notice issued to respondent Nos. 2 to 5 have been received back unserved with postal remarks 'Official at Delhi Cantt, Army Office intimated that the addresses are incomplete. Name of state is not given, 56 APO is in every state of India". Notice issued to respondent No. 6 (sole respondent in C. A. No. 1128/2013) has been received back unserved with the report – respondent No. 6 i.e. Major Reema Singh has quit the job.

It is further submitted that pursuant to Ld. Registrar's Order dated 04.08.2016, fresh notice of Lodgment was issued to respondent Nos. 2 to 5 in C.A. No. 1127/2013 and sole respondent in C.A. No. 1128/2013 on 23.08.2016. Service is awaited.

Service is not complete in respect of respondent Nos. 2 to 5 in C.A. No. 1127/2013 and sole respondent in C.A. No. 1128/2013.

It is lastly submitted that counsel for the parties have not filed statement of case so far.

The matters above mentioned alongwith applications for directions are listed before the Hon'ble Court with this office Report.

DATED THIS, THE 24th DAY OF AUGUST, 2016.

ASSISTANT REGISTRAR.

Copy to:

Mr. B. V. Balaram Das, Adv. Ch. No. Mr. Harish pandey, Adv. Ch. No. Mr. Shekhar Kumar, Adv. Ch. No. Mr. Kamlendra Mishra, Adv. Mr. Sridhar Potaraju, Adv. Ch. No. Mr. Deepak Goel, Adv. Ch. No. Mrs. Aishwarya Bhati, Adv. Ch. No. Mr. S. N. Terdal, Adv. Ch. No.

ASSISTANT REGISTRAR.

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