J K Jute Mills Mazdoor Ekta Union vs. Sashi Kant Jha, Director M/S J K Jute Mills Co. Ltd

Court:Supreme Court of India
Judge:Hon'ble Anil R. Dave
Case Status:Disposed
Order Date:23 Jul 2015
CNR:SCIN010257272014

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Order Issued After Hearing

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Case Registered

Listed On:

13 Aug 2014

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LISTED ON: 23.07.2015 BEFORE COURT NO.

ITEM NO.

SECTION:XIV

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. 338/2014 & 307/2015

WITH

INTERLOCUTORY APPLICATION NOS. 1, 2, 3, 4, 6 & 7

(Application for exemption from filing Official Translation)

AND

INTERLOCUTORY APPLICATION NO. 5

(Application for substitution)

IN

CIVIL APPEAL NO. 10221/2014

AND

CONTEMPT PETITION NO. 375/2014

WITH

INTERLOCUTORY APPLICATION NOS. 1, 2, 3 & 4

(Application for exemption from filing Official Translation)

IN CIVIL APPEAL NO. 10223/2014

AND CONTEMPT PETITION NOS. 24-25/2015

WITH

INTERLOCUTORY APPLICATION NOS. 8-9

(Application for directions)

IN

CIVIL APPEAL NOS. 10224-25/2014

GHANSHYAM SARDA ETC. ...PETITIONERS

VERSUS

SASHI KANT JHA ETC. ...ALLEGED CONTEMNORS

OFFICE REPORT

It is submitted that the Contempt Petitions alongwith applications above-mentioned were listed before the Hon'ble Court on 07.05.2015 with Office Report dated 06.05.2015, when the Court was pleased to pass the following order:

"It has been submitted that Mr. Purushottam Sharma Tripathi, learned counsel has filed his appearance for Respondent Nos.2 and 3 in Contempt Petition (C) No.375 of 2015 and a reply has already been filed on behalf of Respondent Nos.2 and 3. He accepts notice on behalf of Respondent Nos.2 and 3 in Contempt Petition(C) No.338 of 2014.

Mr. Nar Hari Singh, learned counsel has already entered appearance for Respondent Nos.1 and 4. He accepts notice on behalf of Respondent Nos.5 and 6.

Ms. Pragati Neekhra, learned counsel accepts notice on behalf of Respondent No.7.

Mr. Mohit D. Ram, learned counsel accepts notice on behalf of Respondent Nos.14 and 16.

Learned counsel appearing for the petitioner in Contempt Petition(C) No.375 of 2014 seeks permission to delete Respondent No.18. Permission is granted. Respondent No. 18 stands deleted from the array of parties. Amended memo of parties be filed within two weeks.

Steps be taken to serve unserved Respondents through speed post and dasti returnable on 23rd July, 2015 at 3.00 p.m.

The parties shall file their response within two weeks from the date of service of notice upon them.

The Registry should ascertain whether in pursuance of the order dated 13th November, 2014, an amount of Rs.5,00,000/- (Rupees five lakhs only) has been deposited by the original plaintiff – Mr. Shanker Lal, who is a proprietor of M/s. Shiv Shankar Trading Co. The Registry shall place a report on or before 23rd July, 2015."

It is submitted that as per the aforesaid order and order dated 13.11.2014, Mr. Shankar Lal who was the original plaintiff and proprietor of M/s. Shiv Shankar Trading Co. has not deposited the cost of Rs. 5,00,000/- (Rupees Five Lakhs) with Supreme Court Legal Services Committee so far.

C.P. No. 338/2014 in C.A. No. 10221/2014:-

It is submitted that alleged contemnor Nos. (1, 4, 6 & 8), (9, 10 & 13), 11 and 12 are represented by Mr. Nar Hari Singh, Mr. Abhinav Mukerji, Ms. Aparna Jha and Mr. Rahul Gupta, Advocates respectively. Mr. Nar Hari Singh, Ms. Pragati Neekhra & Mr. Mohit D. Ram, Advocates have accepted notice on behalf of alleged contemnor Nos. (5 & 6), 7 and (14 & 16) respectively.

It is further submitted that Mr. Gaurav Kejriwal, Advocate for the applicant has on 13.07.2015 filed affidavit of dasti service on alleged contemnor Nos. 10, 15 & 17.

Service is complete.

It is further submitted that Mr. Abhinav Mukerji, Advocate has on 15.07.2015 filed short reply affidavit on behalf of alleged contemnor No. 10 alongwith Annexures R-1 to R-9 and application for exemption from filing Official

..3/-

Translation (regd. as I.A. No. 7) and the same has been placed with Contempt Petition paper books.

It is further submitted that Mr. Rahul Narayan, Advocate has on 20.07.2015 filed counter affidavit on behalf of alleged contemnor Nos. 14 to 17 with the leave of the Hon'ble Court and the same has been placed with Contempt Petition paper books.

It is lastly submitted that Mr. Nar Hari Singh and Ms. Pragati Neekhra, Advocates have on 21.07.2015 filed reply/counter affidavit on behalf of alleged contemnor Nos. (6 & 8) and 7 respectively with the leave of the Hon'ble Court and the same have been placed with Contempt Petition paper books.

C.P. No. 375/2014 in C.A. No. 10223/2014:-

It is submitted that alleged contemnor Nos. (2, 3), (6 & 8) (9, 10 & 13), 11, 12 & (14 to 17) are represented by Mr. Purushottam Sharma Tripathy, Mr. Nar Hari Singh, Ms. Pragati Neekhra, Mr. Abhinav Mukerji, Ms. Aparna Jha, Mr. Rahul Gupta and Mr. Rahul Narayan, Advocates respectively. Mr. Nar Hari Singh, Ms. Pragati Neekhra and Mr. Mohit D. Ram, Advocates have accepted notice on behalf of alleged contemnor Nos. (1, 4, 5 & 6), 7 and (14 & 16) respectively.

It is further submitted that Ms. Ruchi Kohli, Advocate for the applicant has on 10.07.2015 filed affidavit of dasti service on alleged contemnor Nos. 10, 15 & 17.

Service is complete.

It is further submitted that Mr. Abhinav Mukerji, Advocate has on 15.07.2015 filed short reply affidavit on behalf of alleged contemnor No. 10 alongwith annexures R-1 to R-9 with application for exemption from filing Official Translation (regd. as I.A. No. 4) and the same has been placed with Contempt Petition paper books.

It is further submitted that Mr. Rahul Narayan, Advocate has on 20.07.2015 filed counter affidavit on behalf of alleged contemnor Nos. 14 to 17 with the leave of the Hon'ble Court and the same has been placed with Contempt Petition paper books.

..3..

It is further submitted that Mr. Nar Hari Singh, Ms. Pragati Neekhra and Mr. Purushottam Sharma Tripathy, Advocates have on 21.07.2015 and 22.07.2015 filed reply/counter affidavit on behalf of alleged contemnor Nos. (6 & 8), 7 and (2 & 3) respectively with the leave of the Hon'ble Court and the same have been placed with Contempt Petition paper books.

C.P. Nos. 24-25/2015 in C.A. No. 10224-25/2014:-

It is submitted that Ms. Ruchi Kohli, Advocate has on 09.03.2015 filed application for directions on behalf of the applicant in Contempt Petition alongwith Annexures A-1 to A-7 (regd. as I.A Nos. 8-9) and the same has been placed with Contempt Petition paper books.

C.P. No. 307/2015:-

It is submitted that Mr. Gaurav Kejriwal, Advocate for the appellant has on 28.04.2015 filed Contempt Petition against the alleged contemnors/respondents for disobeying the final judgment and Order dated 13.11.2014 alongwith Annexures P-1 to P-11 (regd. as Contempt Petition No. 307/2015) and the same has been placed with appeal paper books.

The Contempt Petitions alongwith applications above mentioned are listed before the Hon'ble Court with the Office Report.

DATED THIS THE 21st DAY OF JULY, 2015.

ASSISTANT REGISTRAR

Copy to
Mr. Gaurav Kejriwal, Adv. Ch. No.
Ms. Ruchi Kohli, Adv. Ch. No.
Mr. Nar Hari Singh, Adv. Ch. No.
Mr. Abhinav Mukerji, Adv. Ch. No.
Ms. Aparna Jha, Adv. Ch. No.
Mr. Rahul Gupta, Adv. Ch. No.
Mr. Purushottam Sharma Tripathy, Adv. Ch. No.

ASSISTANT REGISTRAR

P-1

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