Trimex Sands Pvt. Ltd. Rep. By Its Manager (Accounts) vs. Union Of India And Ors. Ministry Of Energy Secretary
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 19139, 19166, 19306, 19548, 1835918368, 18745, 1854718566, 1903219039, 17081, 1990419924, 2197721978, 20146, 2185721863, 22936, 23005 AND 24920 OF 2016.
WITH PRAYER FOR INTERIM RELIEF
M/s. Madras Cements Ltd. (Now known as M/s Ramco Cements Ltd.) etc.etc. ....Petitioners
Versus
Union of India & Ors. ….Respondents
OFFICE REPORT
SLP (CIVIL) NOS. 19139, 19166, 19306, 19548, 1835918368, 18745, 1854718566, 1903219039, 17081, 1990419924, 2197721978 AND 20146 OF 2016
The matters were listed before the Hon'ble Court on 8th August 2016 with office report dated 5th August 2016, when the Court was pleased to pass the following orders:
"Chart has not been filed. List the matter after four weeks."
It is submitted that the application for stay (I.A. Nos.4, 3 & 3) in SLP (Civil) Nos.19306, 19166 & 17081 of 2016 were listed before the Hon'ble Court on 26th August 2016, when the Court was pleased to pass the following orders:
"List the matter along with the connected matters on 13th September, 2016."
In the meanwhile, the petitioner will pay the dues at 6 paise per unit. We make it clear that this is subject to further orders with regard to the balance payment, if any."
Latest Service Position of notice in each of the SLP:
| SLP (Civil) No<br>(Total Number of<br>Respondents ) | Respondent No.<br># | Date of<br>Issue of<br>Notice | Notice issued Through | Service Position of<br>Notice |
|---|---|---|---|---|
| 19139/2016<br>(5) | R1 | 30.07.2016 | Special Messanger | Returned unserved<br>with remarks<br>"Incorrect address" |
| R2 & R3 | Mr. G. Prabhakar | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| R4 & R5 | M/s. Venkat Palwai Law<br>Associates | Vakalatnama /<br>Appearance not filed<br>so far. | ||
| 19166/2016<br>(3) | R1 | 30.07.2016 | Special Messanger | Returned unserved<br>with remarks<br>"Incorrect address" |
| R2 & R3 | Mr. G. Prabhakar | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| 19306/2016<br>(2) | R1 & R2 | 30.07.2016 | M/s. Venkat Palwai Law<br>Associates | Already filed Caveat/<br>Vakalatnama /<br>Appearance |
| 19548/2016<br>(4) | R1 & R2 | Mr. G. Prabhakar | Vakalatnama /<br>Appearance not filed<br>so far. | |
| R3 & R4 | M/s. Venkat Palwai Law<br>Associates | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| 18359-18368/2016<br>(6) | R1 & R2 in SLP<br>18359, 18360 &<br>18368 and R2 &<br>R3 in SLP 18361<br>- 18367 | 30.07.2016 | Mr. G. Prabhakar | Already filed Caveat/<br>Vakalatnama /<br>Appearance |
| R3 & R4 in SLP<br>18359, 18360 &<br>18368 and R4 &<br>R5 in SLP 18361<br>- 18367 | M/s. Venkat Palwai Law<br>Associates | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| R1 in 18361 -<br>18367 | Special Messanger | Returned unserved<br>with remarks<br>"Incorrect address" |
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| R6 in 18361 | SPEED POST | Delivered on<br>08.08.2016 | ||
|---|---|---|---|---|
| R6 in 18362 | SPEED POST | Delivered on<br>03.08.2016 | ||
| R6 in 18363 | SPEED POST | Delivered on<br>08.08.2016 | ||
| R6 in 18365 | SPEED POST | Delivered on<br>03.08.2016 | ||
| 18745/2016<br>(4) | R1 & R2 | 30.07.2016 | Mr. G. Prabhakar | Vakalatnama /<br>Appearance not filed<br>so far. |
| R3 & R4 | M/s. Venkat Palwai Law<br>Associates | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| 18547-18566/2016<br>(6) | R1 & R2 in SLP<br>18547-18548<br>and R2 & R3 in<br>SLP<br>18549-18555,<br>18557-18560,<br>18563-18564 &<br>18566 and R4 &<br>R5 in SLP<br>18556, 18561,<br>18562 & 18565 | 30.07.2016 | Mr. G. Prabhakar | Vakalatnama /<br>Appearance not filed<br>so far. |
| R3 & R4 in SLP<br>18547-18548<br>and R4 & R5 in<br>SLP<br>18549-18555,<br>18557-18560,<br>18563-18564 &<br>18566 and R2 &<br>R3 in SLP<br>18556, 18561,<br>18562 & 18565 | M/s. Venkat Palwai Law<br>Associates | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| R5 in SLP 18547 | Speed Post | Delivered on<br>04.08.2016 | ||
| R1 in SLP<br>18549-18566 | Special Messanger | Returned unserved<br>with remarks<br>"Incorrect address" | ||
| R6 in SLP 18550 | Speed Post | Delivered on<br>01.08.2016 | ||
| R6 in SLP 18551 | Speed Post | Delivered on<br>01.08.2016 | ||
| R6 in SLP 18552<br>& 18563 | Speed Post | Delivered on<br>06.08.2016 | ||
| R6 in SLP 18553 | Speed Post | Delivered on<br>05.08.2016 |
| R6 in SLP 18555 | Speed Post | Delivered on .<br>05.08.2016 | ||
|---|---|---|---|---|
| R6 in SLP 18556 | Speed Post | Delivered on<br>05.08.2016 | ||
| R6 in SLP 18562 | Speed Post | Delivered on<br>01.08.2016 | ||
| R6 in SLP 18565 | Speed Post | Service awaited | ||
| 19032-19039/2016<br>(6) | R1 in SLP<br>19032-19039 | 30.07.2016 | Special Messanger | Returned unserved<br>with remarks<br>"Incorrect address" |
| R2 & R3 in SLP<br>19032-19039 | Mr. G. Prabhakar | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| R4 & R5 in SLP<br>19032-19039 | M/s. Venkat Palwai Law<br>Associates | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| R6 in 19033 &<br>19034 | Speed Post | Delivered on<br>01.08.2016 | ||
| 17081/2016<br>(3) | R1 | 30.07.2016 | Special Messanger | Returned unserved<br>with remarks<br>"Incorrect address" |
| R2 & R3 | M/s. Venkat Palwai Law<br>Associates | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| 19904-19924/2016<br>(6) | R1 in SLP<br>19904, 19906,<br>19909-19918,<br>19920-19924 | 30.07.2016 | Special Messanger | Returned unserved<br>with remarks<br>"Incorrect address" |
| R2 & R3 SLP<br>19904, 19906,<br>19909-19918,<br>19920-19924<br>and R1 & R2 in<br>SLP 19905,<br>19907, 19908,<br>19919 | Mr. G. Prabhakar | Vakalatnama /<br>Appearance not filed<br>so far. | ||
| R4 & R5 SLP<br>19904, 19906,<br>19909-19918,<br>19920-19924<br>and R3 & R4 in<br>19905, 19907,<br>19908 & 19919 | M/s. Venkat Palwai Law<br>Associates | Already filed Caveat/<br>Vakalatnama /<br>Appearance | ||
| R6 in 19906 | Speed Post | Delivered on |
| R6 in 19922 | Speed Post | 01.08.2016<br>Delivered on<br>11.08.2016 | ||
|---|---|---|---|---|
| 21977-21978/2016<br>(5) | R1 | 05.08.2016 | Registered A.D. | Service awaited. |
| R2 & R3 | Mr. G. Prabhakar<br>filed Vakalatnama /<br>Appearance on<br>behalf of R2 and R3. | |||
| R4 &5 | Service awaited. | |||
| 20146/2016<br>(3) | R1 | 05.08.2016 | Registered A.D. | Service awaited. |
| R2 & R3 | Mr. G. Prabhakar<br>filed Vakalatnama /<br>Appearance on<br>behalf of R2 and<br>R3. | |||
| 20146/2016 | R1 | 05.08.2016 | Registered A.D. | Service awaited. |
| (3) | R2 & R3 | Mr. G. Prabhakar<br>filed Vakalatnama /<br>Appearance on<br>behalf of R2 and R3. |
It is submitted that Counsel for the Petitioners have neither furnished correct and latest address of the unserved Respondents nor taken any steps for effecting service of notice on Union of India (Respondent in SLP (C) Nos. 19139, 19166, 1835918368, 1854718566, 1903219039, 17081, 1990419924 OF 2016 ) so far despite this Registry's letter dated 29.08.2016
It is further submitted that Mrs. Prabha Swami, Advocate has on 6th September 2016 filed Chart in SLP (Civil) No.19139/2016. Copies of the same are being circulated herewith.
M/s. K.J. John & Co., Advocate has on 22nd, 16th and 20th August 2016 filed additional Affidavit alongwith Exhibit 'A' in SLP (Civil) Nos.19166, 19306, 17081 of 2016. Copies of the same have been included in Paper Books.
It is submitted that Mr. Y. Rajagopala Rao, Advocate for the Petitioner has on 8th September 2016 filed application for permission to place the Charts on record alongwith Affidavit in SLP (Civil) No.18359/2016 and the said Application has been registered as I.A. No.11. Paper Books of the said application are being circulated herewith.
M/s. S. Narain & Co., Advocate has on 9th September 2016 filed Additional Affidavit alongwith Annexure 'A1' Colly in SLP (Civil) No.18745 of 2016. Copies of the same are being circulated in Paper Books.
SLP (CIVIL) NOS. 2185721863/2016
The matters abovementioned were listed before the Hon'ble Court on 16th August 2016, when the Court was pleased to pass the following orders:
"Issue notice. Tag with SLP(C) No.19139 of 2016."
It is submitted that Counsel for the Petitioners has on 8th September 2016 filed spare copies of SLP. Show Cause Notice is being issued to all the five Respondents.
SLP (CIVIL) NO. 22936/2016
The matter abovementioned was listed before the Hon'ble Court on 16th August 2016, when the Court was pleased to pass the following orders:
"Issue notice on the special leave petition as well as on the prayer for interim relief. Tag with SLP(C) No.19139/2016."
It is submitted that there are three respondents. Show Cause Notice was issued on 7th September 2016 to Respondent No.1 through Registered A.D. Post and Respondent Nos.2 and 3 through M /s. Venkat Palwai Law Associates, Advocates who have already filed Caveat/Vakalatnama/Appearance on behalf
of the said Respondents, but they have not filed Counter Affidavit so far. Show Cause Notice has been served on 9th September 2016 on Respondent No.1 as per report of Postal Authorities, but no one has filed Vakalatnama/Appearance on behalf of Respondent No.1 so far.
SLP (CIVIL) NO. 23005/2016
The matter abovementioned was listed before the Hon'ble Court on 16th August 2016, when the Court was pleased to pass the following orders:
"Issue notice on the special leave petition as well as on the prayer for interim relief. Tag with SLP(C) No.19139/2016."
It is submitted that there are two respondents. Show Cause Notice was issued on 26th August 2016 to both the Respondents through Registered A.D. Post. Show Cause Notice has been served on 1st and 6th September 2016 on both the Respondents as per report of Postal Authorities, but no one has filed Vakalatnama/Appearance on behalf of both the Respondents so far.
SLP (CIVIL) NO. 24920/2016
The matter abovementioned was listed before the Hon'ble Court on 2nd September 2016, when the Court was pleased to pass the following orders:
"Issue notice. Tag with SLP(C) No.19306 of 2016."
It is submitted that there are four respondents. Show Cause Notice was issued only on 7th September 2016 to all the Respondents through Registered A.D. Post. Service of Notice is awaited.
The mattes are listed before the Hon'ble Court with this Office Report Dated this the 12th Day of September, 2016.
Copy to:
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- Mrs. Prabha Swami, Advocate, 126, M.C. Setalvad Lawyers' Chambers, Supreme Court of India, New Delhi.
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- Mr. Guntur Prabhakar, Advocate, Andhra Pradesh Bhavan, 1, Ashoka Road, New Delhi.
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- M//S K.J. John & Co., Advocates, 428, M.C. Sethalwad Lawyer's Chambers,
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- M/s. Venkat Palwai Law Associates, Advocate, 304306, Sikka Plaza, Mayur Vihar Phase I, New Delhi.
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- Mr. S. Narain & Co., Advocate, 305, C.K. Daphtary Block Lawyers Chambers.
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- Mr. Y. Rajagopala Rao, Advocate 103, Old Lawyears Chamber,
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- Mr. Sudhir Naagar, Advocate
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- Mr. B.K. Prasad, Advocate Standig Counsel for Union of India Central Agency Section.
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- Mr. Sridhar Potaraju, Advocate D305, Second Floor, Defence Colony, New Delhi110023.
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- Mr. A.D.N. Rao, Advocate
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- Mr. Sadineni Ravi kumar,
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