Annapurna Farm Private Ltd. Through President Shinde Mandli Committee Gwalior Ranaji Rao Kaka Sahab Shinde S/O Late Shri Sardar Madhav Rao Kaka Sahab Shinde Through Power Of Attorney Inderjeet Shind vs. Preetam Singh

Court:Supreme Court of India
Judge:Hon'ble Deepak Gupta
Case Status:Disposed
Order Date:24 Apr 2017
CNR:SCIN010296842015

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Order Issued After Hearing

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Case Registered

Listed On:

9 Sept 2015

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Order Text

LISTED ON 24.04.2017 REGISTRAR COURT NO. 2 ITEM NO. 16

SEC.IVA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO 26068 OF 2015

Annapurna Farm Pvt. Ltd ....PETITIONERS

Preetam Singh and Ors. ....RESPONDENTS

OFFICE REPORT

  • VERSUS -

The matter above mentioned was listed before the Registrar Court from time

to time and when lastly listed on 20.07.2016, the following order was passed:

"The office report indicates that the respondent Nos.1 and 3 have failed to file the counter affidavit within the period stipulated under the rules.

The Learned Counsel for the petitioner has failed to take fresh steps for the service of notice to the Respondent Nos.2, 4 and 5 despite opportunities. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders. List thereafter. "

It is submitted that Counsel for the petitioner, after the above order of Registrar Court, has now on 25.07.2016 filed a common application for bringing on record Lrs. of deceased Respondent Nos. 2 & 4, alongwith applications for condonation of delay of 1400 days in respect of deceased Respondent No. 2 & 740 days in respect of deceased Respondent No. 4 and exemption from filing Official Translation of Annexures A-1 and A-2 (Death certificate). He has later on 05.08.2016 filed applications for setting aside abatement and condonation of delay in filing application for setting aside abatement.

It may be mentioned here that Counsel for the petitioner was also required to take steps for bringing on record the Lrs. of deceased Respondent No. 5, but the counsel has not taken any steps in this regard.

The applications above mentioned (I.A. Nos. 2 to 6) were listed before the Hon'ble Judge in Chambers on 25.01.2017 with an office report dated 15.11.2016,

when His Lordship was pleased to pass the following Order :

"Delay condoned.

Application for substitution for bringing on Lrs. of respondents No. 2 and 4 is allowed.

Learned counsel for the petitioner points out that respondent No. 5 is still alive. Issue fresh notice for service upon respondent No. 5."

Accordingly, cause title is amended.

Upon filing of spare copies, notice to Lr. Nos. 2(i) to 2(v) and 4(i) to 4(iii) and fresh notice to respondent No. 5 was issued on 14.03.2017 by Regd. A.D. post.

Total<br>Resps.V/AC/AA.D. card /<br>Service complete as<br>per tracking reportAs per tracking report,<br>unserved cover returned<br>with postal remarksAs<br>per<br>tracking<br>report, service is<br>under process
51, 3-2(ii), 2(iii), 2(iv), 4(i),<br>4(ii)2(i) – door locked5
2(v) – insufficient address
4(iii) – no remarks

Service position in the matter is as below :

Service is not complete.

The matter above mentioned is listed before the Registrar Court with this office report.

Dated this the 21st day of April, 2017.

ASSISTANT REGISTRAR

COPY TO: Mr. Pashupati Nath Razdan, Advocate Ms. Pragya Baghel, Advocate

ASSISTANT REGISTRAR

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