SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos.32068, 34225-34226, 37398-37399, 35354 and 37924-37925/2016 WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NOS. 4-5/2017 (Application for modification of Court's Order dated 15.12.2016 in SLP (C) Nos. 37398-37399/2016)

RESIDENCES UNITECH BUYER ASSOCIATION ...PETITIONER Versus NAMIT MALHOTRA AND ORS. ...RESPONDENTS

OFFICE REPORT SLP (C) NO. 32068 and 34225-34226/2016

The matters above mentioned were listed before the Hon'ble Court on 18.11.2016 alongwith connected matters, when the Court was pleased to pass the following Order:-

"Permission to file the special leave petitions is granted.

Issue notice.

As the respondents have already entered appearance, no further notice be issued.

The meeting, as directed by the learned Company Judge and affirmed by the Division Bench of the High Court, shall remain stayed until further orders."

It is submitted that counsel appearing for respondent No. 12 in SLP (C) No. 32068/2016 & 34226/2016 have on 09.01.2017 filed counter-affidavits with the leave of Hon'ble Court and the same have been included in respective SLP Paper Books. Counsel appearing for Respondent No. 12 in SLP (C) No. 34225 of 2016 has not filed counter-affidavit so far.

It is further submitted that in both the matters, Mr. Sarvam Ritam Khare, Advocate has on 10.1.2017 filed vakalatnama/appearance on behalf of respondent Nos. 1, 2, 5 to 9 & 11 and counter affidavit on behalf of respondent Nos. 1 to 11 with the leave of the Court without filing vakalatnama/appearance on behalf of respondent Nos. 3. 4 and 10. Mr. Sarvam Ritam Khari, Adv. has also not served copy of counter affidavit on counsel appearing for respondent No. 12 in SLP (C) No. 34225/2016. However, both counter affidavits have been included in SLP Paper Books.

It is further submitted that in SLP (C) No. 32068/2016 counsel for the petitioners has on 23.02.2017 filed rejoinder affidavit with the leave of the Hon'ble Court to the counter affidavit of Respondent No. 12 and the same is being circulated herewith as separate volume.

Service is complete.

SLP (C) NOS. 37398-37399, 35354/2016 AND 37924-37925/2016

The matters above mentioned were listed before the Hon'ble Court on 11.01.2017, when the Court was pleased to pass the following Order:-

"Let these matters be listed along with S.L.P(C) No. 32068 of 2016 on 27th February, 2017. In S.L.P.(C) No. 35354 of 2016, service on the unserved proforma respondents is dispensed with for the present. In the meantime, the pleadings shall be

completed."

SLP (C) NOS. 37398-37399/2016

It is submitted that there are twelve respondents in this matter. Mr. Sarvan Ritam Khare, Advocate has filed Counter Affidavit on behalf of Respondent Nos. 1 to 11 but he has not filed Vakalatnama/Appearance on behalf of Respondent Nos. 3, 4 & 10 so far. M/s. Ashok Kumar Mahajan, Debasis Mishra and E.C. Agrawla, Advocates have filed Caveat/Vakalatna/Appearance on behalf of Respondent No. 12. Mr. Ashok Kumar Mahajan, Advocate has filed Counter Affidavit on behalf of Respondent No. 12 and the same has been included in SLP Paper Books.

Service is complete.

SLP (C) NO. 35354/2016

It is submitted that show cause notice to all the contesting respondent nos. 1 to 11 was issued on 23.01.2017 by registered AD. Unserved covers in respect of Respondent Nos. 5 to 8 have been received with postal remark's "On many attempts addressee not available and no such person". As per India Post tracking report notice has been delivered to Respondent Nos. 1 to 4 & 9 to 11 but no one has entered appearance on their behalf so far. M/s. Debasis Mishra and E.C. Agrawla, Advocate have filed Caveat on behalf of Respondent No. 12 but counter affidavit has not been filed so far.

Service is not complete on Respondent Nos. 5 to 8.

SLP (C) NOS. 37924-37925/2016

It is submitted that show cause notice to all the contesting respondent nos. 1 to 11 and 13 was issued on 24.01.2017 by registered AD. Unserved covers in respect of Respondent Nos. 5 to 8 & 13 have been received with postal remark's "On many attempts addressee not available, no such person". As per tracking report of India Post notice has been delivered to Respondent Nos. 1 to 4, 9 & 11 but no one has entered appearance on their behalf so far. In respect of Respondent No. 10 notice is yet to be delivered. M/s. Ashok Kumar Mahajan, Debasis Mishra and E.C. Agrawla, Advocate have filed Caveat on behalf of Respondent No. 12 but counter affidavit has not been filed so far.

Service is not complete on Respondent Nos. 5 to 8 and 10 & 13.

It may be mentioned that respondent nos. 1 to 12 are common in all the SLPs.

The matters alongwith applications above-mentioned are listed before the Hon'ble Court with this Office Report.

DATED THIS THE 25th DAY OF FEBRUARY, 2017.

ASSISTANT REGISTRAR

Copy to :

1. Ms. Vandana Sehgal, Adv. 2. Mr. Himanshu Shekhar, Adv. 3. Mr. Devendra Singh, Adv. 4. Mr. Ashok K. Mahajan, Adv. 5. Mr. Debasis Misra, Adv. 6. Mr. E.C. Agrawla, Adv. 7. Mr. Sarvam Ritam Khare, Adv.

ASSISTANT REGISTRAR

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