The State Of Madhya Pradesh Madhya Pradesh Rural Road Development Authority (Mprrda) Through Its Chief Executive Officer vs. Backbone Enterprises Limited Through Its Chairman Managing Director Shri Kishore Viragama Son Of Shri Virjibhai Viramgama Aged About 51 Years

• ITEM NO.42 COURT NO.4 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).16686/2010 (From the judgement and order dated 10/02/2010 in AC No.9/2009 of The HIGH COURT OF M.P AT JABALPUR) AJAY KUMAR OJHA Petitioner(s) VERSUS STATE OF M.P.& ANR. Respondent(s) (With prayer for interim relief and office report) WITH SLP(C) NO. 29622 of 2011 (With appln.(s)for exemption from filing c/c of the impugned order and office report) SLP(C) NO. 29624 of 2011 (With appln.(s) for exemption from filing O.T. and with prayer for interim relief and office report) SLP(C) NO. 26350 of 2011 (With prayer for interim relief and office report) SLP(C) NO. 31682 of 2011 (With appln.(s) for c/delay in filing SLP and c/delay in refiling SLP and with prayer for interim relief and office report) SLP(C) NO. 31684 of 2011 (With appln.(s) for c/delay in filing SLP and c/delay in refiling SLP and with prayer for interim relief and office report) SLP(C) NO. 26605 of 2011 (With prayer for interim relief and office report) Date: 04/01/2013 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MRS. JUSTICE GYAN SUDHA MISRA For Petitioner(s) Mr.K.K.Venugopal, Sr.Adv. Mr. Mishra Saurabh, Adv. Mr.Vanshaja Shukla, Adv. Ms.Pooja Dhar, Adv. (In SLP(C)16686/10) Mr. Neeraj Shekhar, Adv. Mr.Ashutosh Thakur, Adv. For Respondent(s) Mr.Anand Dixit, Adv. Mr.Vikas Upadhyay, Adv. (In SLP(C)29624/10) Ms.Charu Ambwani, Adv. Mr.Prashant Kumar, Adv. Mr. B.K.Satija, Adv. (In SLP(C)16686/10) Mr. Sumit Attri, Adv. Mr.Vijendra Kumar, Adv. Mr.Shaikh Chand Saheb, Adv. UPON hearing counsel the Court made the following O R D E R

In the first round, this case was ordered to be listed after disposal of Civil Appeal No.974 of 2012, which was referred to by the two-Judges Bench to the larger Bench pursuant to the judgment in Madhya Pradesh Rural Road Development Authority and another vs. L.G.Chaudhary Engineers and Contractors (2012) 3 SCC 495. However, when other connected matters were taken up, learned counsel appearing for the parties gave out that Shri K.K.Venugopal, learned senior counsel who had appeared in the first round was not appearing on behalf of the petitioner in this case. Thereupon, we directed the Court Masters to flash the cases for being taken up in the second round.

In the second round, learned counsel for the State informed us that the counsel for the petitioner Ajay Kumar Ojha was present in the first round, but in the second round he is absent.

Since the learned counsel is not available in the second round and on 16.07.2012, a submission had been made before the Court that this case is not required to be tagged with C.A.No.974 of 2012 titled Madhya Pradesh Rural Road Development Authority and another vs. L.G.Chaudhary Engineers and Contractors, we deem it proper to defer the hearing for two weeks.

SLP(C) No.29622 of 2011

Learned counsel for the petitioners states that one of the issues raised in this petition is similar to the issue to be decided by the larger Bench in view of the reference made in Madhya Pradesh Rural Road Development Authority and another vs. L.G.Chaudhary Engineers and Contractors (2012) 3 SCC 495.

In view of the statement made by the learned counsel, hearing of the petition is deferred. To be listed after the judgment of the larger Bench. SLP(C) No.29624 of 2011

To be listed after the judgment of the larger Bench in view of the reference made in Madhya Pradesh Rural Road Development Authority and another vs. L.G.Chaudhary Engineers and Contractors (2012) 3 SCC 495.

SLP(C) No.26350 of 2011

List this petition after the decision of Civil Appeal No.974 of 2012 arising out of SLP(C)No.907 of 2011 - Madhya Pradesh Rural Road Development Authority and another vs. L.G.Chaudhary Engineers and Contractors, which was ordered to be placed before Hon'ble the Chief Justice of India for constituting a larger Bench. SLP(C) No.31682 of 2011

To be listed after the judgment of the larger Bench in the reference made by the two-Judges Bench in Madhya Pradesh Rural Road Development Authority and another vs. L.G.Chaudhary Engineers and Contractors (2012) 3 SCC 495.

SLP(C) No.31684 of 2011

To be listed after the judgment of the larger Bench in the reference made by the two-Judges Bench in Madhya Pradesh Rural Road Development Authority and another vs. L.G.Chaudhary Engineers and Contractors (2012) 3 SCC 495. SLP(C) No.26605 of 2011

To be listed after the judgment of the larger Bench in the reference made by the two-Judges Bench in Madhya Pradesh Rural Road Development Authority and another vs. L.G.Chaudhary Engineers and Contractors (2012) 3 SCC 495.

(Satish K.Yadav) (Phoolan Wati Arora) Court Master Court Master