SECTION XVIA

IN THE SUPREME COURT OF INDIA LISTED ON : 21.03.2017 CIVIL ORIGINAL JURISDICTION COURT No. : 4 ITEM No. : 7 TRANSFER PETITION (CIVIL) No. 1120 of 2015 WITH INTERLOCUTORY APPLICATION No. 1 of 2015 (Application for Stay) DIMPLE ARORA ....Petitioner VERSUS NEETANT ARORA ....Respondent WITH TRANSFER PETITION (CRIMINAL) No. 415 of 2016 WITH CRIMINAL MISCELLANEOUS PETITION No. 20108 of 2016 (Application for Stay)

GAURI ARORA AND ANR. ....Petitioners

VERSUS

STATE OF PUNJAB & ANR. ....Respondents

OFFICE REPORT

TRANSFER PETITION (CIVIL) No. 1120 of 2015

The Transfer Petition above mentioned was listed before the Hon'ble Court on 7th August, 2015 when the Court was pleased to pass the following Order:

"Heard learned counsel for the petitioner and perused the relevant material.

Exemption from filing O.T. is granted. Issue notice.

In the meantime, there shall be stay of further proceedings in O.P. No.602 of 2015, titled as "Neetant Arora Vs. Dimple Arora", pending before the Judge, Family Court, Ranga Reddy, ATLB Nagar, Telangana."

Accordingly, notice was issued to the Sole Respondent through Registered A.D. Post on 7th September, 2015.

It is submitted that unserved cover containing the notice has been received back from the Sole Respondent with postal remarks "unclaimed, hence, returned to sender."

Contd...2/

Thereafter, the matter abovementioned was listed before the Ld. Registrar's Court from time to time and pursuant to Ld. Registrar Court's Order dated 26th April 2016 and application for substituted service by way of publication filed by the Ld. Counsel for the Petitioner, office report on default dated 21st July 2016 was placed before the Hon'ble Judge in Chamber on 25th July 2016, when His Lordship was pleased to pass the following Order :

"Two weeks' time is granted to learned counsel for the petitioner to cure the defects pointed out by the Registry in the application for substituted service upon the sole respondent."

And thereafter, instead of curing the defects, the Ld. Counsel for the Petitioner has on 4th August, 2016 filed fresh application for substituted service which has been registered as Interlocutory Application No. 3 of 2016 and listed before the Ld. Registrar Court on 8th September, 2016 and directed to issue notice in terms of the application, but Mr. Puneet Singh Bindra, Advocate has on 26th September, 2016 filed Vakalatnama and Memo of appearance on behalf of sole respondent with a result fresh notice alongwith copy of petition was issued to the sole respondent on 1st October, 2016 through his Counsel instead of notice in terms of the application for substituted service.

It is submitted that Mr. Tushar Bakshi, Advocate has on 23rd January, 2017 filed Vakalatnama and Memo of appearance on behalf of petitioner after taking 'no objection' from erstwhile Advocate namely Mr. Rabin Majumder.

It is further submitted that Mr. Puneet Singh Bindra, Advocate has on 1st February, 2017 filed Counter Affidavit on behalf of sole respondent after serving its copy on the otherside. Copy of the same has been included in the Paper Books.

Service of show cause notice is complete in T.P. (C) No. 1120 of 2015.

TRANSFER PETITION (CRIMINAL) No. 415 of 2016

The Transfer Petition above mentioned was mentioned before the Hon'ble Court on 6th December, 2016 when the Court was pleased to pass the following Order:

"Issue notice returnable within four weeks. In the meanwhile, there shall be stay of further proceedings in Criminal Case No.25/2016 titled as State vs. Neetant Arora & Anr. Pending before the Court of Illaqua Judicial Magistrate, Amritsar (Punjab). Contd...3/

2

Tag with Transfer Petition (Civil) No.1120 of 2015."

Accordingly, the matter is tagged with Transfer Petition (C) No. 1120 of 2015 and notice was issued to both the respondents through Registered A.D. Post on 17th December, 2016.

It is submitted that A.D card signed on 20th December, 2016 by the respondent no. 1 has been received but no one has filed Vakalatnama and Memo of appearance on his behalf.

It is further submitted that Mr. Tushar Bakshi, Advocate has on 17th January, 2017 filed Vakalatnama and memo of appearance on behalf of respondent no. 2.

Service of show cause notice is complete on both the respondents in T.P. (Criminal) No. 415 of 2016 and on the sole respondent in T.P. (C) No. 1120 of 2015.

The matters abovementioned are listed before the Hon'ble Court with this Office Report.

Dated this the 8th day of March, 2017.

ASSISTANT REGISTRAR

Copy to : 1. Mr. Tushar Bakshi, Advocate 2. Mr. Puneet Singh Bindra, Advocate ag ASSISTANT REGISTRAR