Idea Cellular Ltd. vs. Pune Municipal Coporation

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi
Case Status:Disposed
Order Date:6 Mar 2017
CNR:SCIN010234042014

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SECTION III-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NOS. 5-8 IN CIVIL APPEAL NOS.5360-5363 OF 2013,

(Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NO. 2 IN CIVIL APPEAL NOS.5364 OF 2013

(Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NO. IN CIVIL APPEAL NOS.5365 OF 2013 (Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NOS. 10 & 11 IN CIVIL APPEAL NOS.6386 & 6387 OF 2013

(Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NOs. 91 to 109 IN CIVIL APPEAL NOS.7865-7883 OF 2013

(Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NOs. 110 to 113 IN CIVIL APPEAL NOS.7886-7889 OF 2013

(Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NO. 114 IN CIVIL APPEAL NO.7891 OF 2013

(Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NOs. 115 & 116 IN CIVIL APPEAL NOS.7893 & 7894 OF 2013

(Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NOs. 5 & 6 IN CIVIL APPEAL NOS.2854-2855 OF 2014

(Application for Direction on behalf of the Appellant for refund of amount deposited by the Appellant)

WITH

INTERLOCUTORY APPLICATION NO. 3 OF 2017 IN CIVIL APPEAL NOS.12209, 12212, 12221, 12228 AND 12234 OF 2016

(Application for Directions)

WITH INTERLOCUTORY APPLICATION NO. 4 OF 2017 IN CIVIL APPEAL NOS. 12219, 12229, 12230, 12231, 12232 AND 12233 OF 2016 (Application for Directions) WITH INTERLOCTORY APPLICATION NOS. 1-4 IN CIVIL APPEAL NOS. 5360-63 OF 2013, (Applications for deletion of the names of proforma Respondents) AND INTERLOCTORY APPLICATION NOS 183-273 IN CIVIL APPEAL NOS.6836-6926 OF 2013 (Applications for deletion of the names of proforma Respondents) WITH INTERLOCUTORY APPLICATION NOS. 7-9 IN CIVIL APPEAL NO. 6385-6387 OF 2013 (Application for amendment of Cause Title) AND INTERLOCTORY APPLICATION NOS. 274 & 275 IN CIVIL APPEAL NOS. 6839 & 6914 OF 2013 (Application for amendment of Cause Title)

AHMEDABAD MUNICIPAL CORPORATION, ETC.ETC. ...APPELLANTS

VERSUS

GTL INFRA. LTD. & ORS. ETC. ...RESPONDENTS

OFFICE REPORT FOR DIRECTIONS

It is submited that the appeals abovementioned were disposed of by this Hon'ble Court by judgment and order dated 16th December, 2016 along with other connected appeals. (copy enclosed)

  1. It is further submited that Mrs. Hemantika Wahi, Advocate, has on 16th January, 2017 filed Applications for Directions on behalf of the Appellant for refund of the amounts deposited by the Appellant vide Court's order dated 9th July, 2013, which are registered as Interlocutory Application Nos. 58 in Civil Appeal Nos.5360-5363 of 2013.

It is also submitted that Mr. Mohit Paul, Advocate, has filed applications for directions on behalf of the Appellant(s) for refund of the amounts deposited by the Appellant(s), which are registered as Interlocutory Application No.2 in Civil Appeal No.5364 of 2013, Interlocutory Application Nos. 10 & 11 in Civil Appeal Nos.6386 & 6387 of 2013,

Interlocutory Application Nos.91 to 109 in Civil Appeal Nos.7865-7883 of 2013, Interlocutory Application Nos.110 to 113 in Civil Appeal Nos.7886-7889 of 2013, Interlocutory Application No.114 in Civil Appeal Nos.7891 of 2013, Interlocutory Application No.115 & 116 in Civil Appeal Nos.7893 & 7894 of 2013 and Interlocutory Application No.5 & 6 in Civil Appeal Nos.2854-2855 of 2014.

It is next submitted that Mr. Mohit Paul, Advocate, has filed an application for directions in Civil Appeal No.6385 of 2013. In this regard, he has filed a letter dated 3rd March, 2013 (copy enclosed) stating therein that he has inadvertently filed an application for directions in Civil Appeal No.6385 of 2013, which was required to be filed in Civil Appeal No.5365 of 2013 since the amount was deposited with the Registry in Civil Appeal No.5365 of 2013 and not in Civil Appeal No.6385 of 2013 and the cunfusion has arisen due to the fact that Respondent No.1 is common in both the matters. He has further requested that application filed in Civil Appeal No.6385 of 2013 may be treated to be filed in Civil Appeal No.5365 of 2013.

In this regard, it is submitted that pursuant to the Court's order from time to time, the amounts deposited in these appeals have been kept in FDRs.

  1. It is further submited that Mr. Puneet Taneja, Advcoate, has filed Applications for Directions on 21st December and 22nd December, 2016 in Civil Appeal Nos. 12209, 12212, 12221, 12228 and 12234 of 2016 and Civil Appeal Nos. 12219, 12229, 12230, 12231, 12232 and 12233 OF 2016 respectively, which were registered as Interlocutory Application Nos. 3 and 4 of 2017.

  2. It is next submited that during the pendency of the batch of appeals, Mrs. Hemantika Wahi, Advcoate, had on 5th November, 2014 filed Applications for deletion of the names of proforma Respondents in Civil Appeal Nos. 536063 and Civil Appeal Nos. 68366926 of 2013, which were registered as Interlocutory Application Nos. 14 in Civil Appeal Nos.5360-5363 of 2013 and Interlocutory Application Nos.183–273 in Civil Appeal Nos.6836-6926 of 2013.

  • 3 -
  1. Similarly, M/s Parekh & Co. Advocates, had on 5th November, 2014 filed Applications for amendment of Cause Title in Civil Appeal Nos.6385-6387 of 2013, which were registered as Interlocutory Application Nos. 79, and in Civil Appeal Nos.6839 & 6914 of 2013, which were registered as Interlocutory Application Nos.274 and 275.

The Office Report is accordingly listed before the Hon'ble Court for orders/directions on the I.As. as mentioned at S.Nos.1,2,3 and 4 above.

DATED THIS THE 4TH DAY OF MARCH, 2017.

ASSISTANT REGISTRAR

COPY TO:

Ms. Hemantika Wahi, Advocate Mr. Abhijat P. Medh, Advocate Mr. E. C. Agrawala, Advocate Mr. Purvish Jitendra Malkan, Advocate M/s Paresh & Co., Advocate Mr. Mohit Paul, Advocate Mrs. Sumita Ray, Advocate Mr. Puneet Taneja, Advocate Mr. Pavan Kumar, Advocate Mr. D. M. Nargolkar, Advocate Ms. Abha R. Sharma, Advocate Ms. Bindi Girish Dave, Advocate Mr. V. N. Raghupathy, Advocate Mr. D. S. Mehra, Advocate

ASSISTANT REGISTRAR

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