Gram Panchayat Taraf Behbal Bahadar vs. State Of Punjab

Court:Supreme Court of India
Judge:Hon'ble M.M. Sundresh
Case Status:Pending
Order Date:24 Jul 2014
CNR:SCIN010323402014

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Ì´ 1

ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR M K HANJURA

Petition(s) for Special Leave to Appeal (C) No(s). 24224/2010

GRAM PANCHAYAT OF VIL.KUM-KALAN Petitioner(s)

VERSUS

STATE OF PUNJAB & ORS. Respondent(s)

WITH

SLP(C) No. 24739/2010 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 25614/2010 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 26787/2010 (With appln.(s) for exemption from filing o.t. and c/delay in filing substitution appln. and substitution and Interim Relief and Office Report) SLP(C) No. 26806/2010 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 26918/2010 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 26920/2010 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 26921/2010 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 27490/2010 (With appln.(s) for Office Report) SLP(C) No. 29291/2010 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 35087/2010 (With appln.(s) for Office Report) SLP(C) No. 1059/2011 (With appln.(s) for Office Report) SLP(C) No. 11213/2011 (With appln.(s) for Office Report) Signature Not Verified SLP(C) No. 11510/2011 Digitally signed by (With appln.(s) for Interim Relief and Office Report) Madhu Grover Date: 2014.07.26 12:53:22 IST SLP(C) No. 11831/2011 Reason: (With appln.(s) for Office Report) SLP(C) No. 13653/2011 (With appln.(s) for Interim Relief and Office Report) 2 ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB SLP(C) No. 25383-25384/2011 (With appln.(s) for Office Report)

SLP(C) No. 30979/2011 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 34114/2011 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 4128-4129/2012 (With appln.(s) for Office Report) SLP(C) No. 4915/2012 (With appln.(s) for impleadment and impleadment and Office Report) SLP(C) No. 6473/2012 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 6505/2012 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 6533/2012 (With appln.(s) for Interim Relief and Office Report) SLP(C) No. 8111/2013 (With appln.(s) for Office Report) Date : 24/07/2014 These petitions were called on for hearing today. For Petitioner(s) Mr. Balbir Singh Gupta ,Adv. Mr. Subramonium Prasad ,Adv. Mr. Vineet Bhagat ,Adv. Mr. Rajinder Mathur ,Adv. Dr. Kailash Chand ,Adv. Dr. (Mrs. ) Vipin Gupta ,Adv. Mr. Bharat Bhushan ,Adv. Mr. Bharat Bhushan Jain,Adv. Mr. Akshat Goel,Adv. Mr. Shree Pal Singh ,Adv. Mr. Satyendra Kumar ,Adv. Mr. Karan Kapoor,Adv. Mr. A. S. Pundir ,Adv. Mr. Rahul Gupta ,Adv. 3 ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB Mr. Vikas Mahajan,Adv. Mr. B.Y. Kulkarni,Adv. Mr. K. S. Rana ,Adv. Mr. Ankur Mittal ,Adv. Mr. Abhay Gupta,Adv. Mr. Jasbir Singh Malik,Adv. Mr. S. K. Sabharwal ,Adv. For Respondent(s) Ms. Jyoti Mendiratta ,Adv. Mr. Devanshu Kumar,Adv. Dr. Kailash Chand ,Adv. Mr. M. P. Jha ,Adv.

Mr. Ram Ekbal Roy,Adv. Ms. Kaveeta Wadia ,Adv. Mr. Praveen Swarup ,Adv. Ms. Nupur Choudhary,Adv. Mr. Kamal Mohan Gupta,Adv. Mr. P. N. Gupta ,Adv. Mr. K.K. Mahalik,Adv. Mr.Jagjit Singh Chhabra,Adv. Mr. Yashpal Dhingra,Adv. Mr. Pradeep Gupta,Adv. Ms. Mansi Ajnani,Adv. Dr. (Mrs. ) Vipin Gupta ,Adv. Mr. Gagan Gupta ,Adv. Mr. Abhijat P. Medh ,Adv. Ms. S. Janani,Adv. Mr. S.K.Verma,Adv. Mr. Atul Kumar,Adv. 4 ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB Mr.Abhay Kumar,Adv. Mr. Bhaskar Y. Kulkarni,Adv. Mr. Anil Kumar Tandle,Adv. Mr. Sonit,Adv. Mr. Balbir Singh Gupta ,Adv. Ms. Anubha Agarwal,Adv. Mr. Ambuj Agarwal,Adv. UPON hearing the counsel the Court made the following O R D E R

SLP(C) No. 24224/2010

Mr. K.K. Mahalik, Ld. Advocate has appeared on behalf of the respondent Nos. 1 to 6. He seeks and is given six weeks time to file the vakalatnama and the counter affidavit. The other served respondents shall also be at liberty to file the counter affidavit within the period stipulated above, in case they intend to do so.

SLP(C) No. 24739/2010

The learned counsel for the petitioner is directed to file the process fee and the spare copies of the SLP for the service of show cause notice to the unserved respondent Nos. 3, 4, 11 and 12 within a period of two weeks, failing which no extension shall be provided.

The served respondents shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so.

Await the return of the service of notice already issued to the respondent No.3.

5

ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB

The served respondents shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so.

The office report indicates that the learned counsel Mr. M.P. Jha, Ld. Advocate has filed three applications, one for permission to sell the property, the other for substitution to bring on record the Lrs. of the deceased respondent No. 8 and the third one for the directions. All these applications are found to be defective. The learned counsel is directed to cure the defects whatever have been found in these applications within a period of three weeks.

The office report further is that the I.A. for direction filed by the learned counsel for the petitioners is defective. The learned counsel shall rectify the defects whatever have been found in the said application within a period of three weeks.

SLP(C) No. 26787/2010

The served respondents shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so.

The office report indicates that the learned counsel Mr. Praveen Swarup has filed three applications one for substitution of deceased respondent No. 6, the other for the condonation of delay in filing the substitution application and the third one for the exemption from filing Official Translation. These applications are found to be defective. The learned counsel is directed to rectify the defects whatever have been found in these applications within a period of three weeks.

Mr. Rajendra Mathur, Ld. Advocate is directed to comply with the terms of the office report within a period of three weeks. 6

ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB

The I.A. for substitution of the Respondent No. 19 also is reported to be defective. The learned counsel for the petitioner is directed to rectify the defects whatever have been found in the said application within a period of three weeks.

SLP(C) No. 27490/2010

Mr. Kamal Mohan Gupta, Ld. Advocate has filed vakalatnama on behalf of the Respondent Nos. 1 & 2. The Learned counsel seeks and is given six weeks' time to file the counter affidavit. Respondent No. 5 has been served but no one has entered appearance on his behalf. He shall also be at liberty to file the counter affidavit within a period of four weeks, in case he intends to do so. Await the return of the service of notice already issued to the respondent Nos. 3 and 4.

SLP(C) No. 26806/2010

Ms. Sushma Suri and Mr. Praveen Swarup, Ld. Advocates have filed the vakalatnama on behalf of the respondent Nos. 1 and 6 respectively. They seek and are given six weeks' time file the counter affidavit. Respondent No. 7 has been served but no one has entered appearance on his behalf. He shall also be at liberty to file the counter affidavit within a period of four weeks, in case he intends to do so. The other served respondents shall be at liberty to file the counter affidavit within the period stipulated above, in case they intend to do so. 7

ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB

Ms. Kavita Wadia, Ld. Advocate who had filed the vakalatnama on behalf of the Respondent Nos. 2 to 5 has submitted her resignation as Standing Counsel for the State. The office shall issue the notice of alternative arrangement to these respondents. The learned counsel for the petitioners shall rectify the defects in the application for substitution of deceased respondent No. 8 within a period of three weeks.

SLP(C) No. 26918/2010

Ms. Kavita Wadia, Ld. Advocate who had filed the vakalatnama on behalf of the Respondent Nos. 2 to 5 has submitted her resignation as Standing Counsel for the State. The office shall issue the notice of alternative arrangement to these respondents. Ms. Sushma Suri and Mr. Praveen Swarup, Ld. Advocates have filed the vakalatnama on behalf of the respondent No. 1 and 6 respectively. They seek and are given six weeks' time to file the counter affidavit.

SLP(C) No. 26920/2010 Ms. Kavita Wadia, Ld. Advocate who had filed the vakalatnama on behalf of the Respondent Nos. 2 to 5 has submitted her resignation as Standing Counsel for the State. The office shall issue the notice of alternative arrangement to these respondents. The office report indicates that the respondent Nos. 7 to 12 and 14 have been served but no one has entered appearance on their behalf. They shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so. The learned counsel for the petitioners shall comply with the terms of the office report within a period of four weeks. 8

ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB

Ms. Sushma Suri and Mr. Praveen Swarup, Ld. Advocates have filed the vaklatnama on behalf of the respondent No. 1 and 6 respectively. They seek and are given six weeks' time to file the counter affidavit.

The office report further indicates that petitioner No. 27 is dead and the I.A. for substitution is registered as I.A. Nos. 1 to 3. The same shall be processed for listing before the Hon'ble Judge in Chambers for further future directions.

The learned counsel for the petitioners shall take appropriate steps to bring on record the Lrs. Of the deceased respondent No. 13 within a period of three weeks.

SLP(C) No. 26921/2010

Ms. Kavita Wadia, Ld. Advocate who had filed the vakalatnama on behalf of the Respondent Nos. 2 to 5 has submitted her resignation as Standing Counsel for the State. The office shall issue the notice of alternative arrangement to these respondents. Ms. Sushma Suri Ld. Advocate has filed the vaklatnama on behalf of the respondent No. 1. She seeks and is given six weeks' time to file the counter affidavit. The learned counsel Mr. Praveen Swarup shall rectify the defects in the application for substitution of deceased respondent No. 6 within a period of four weeks. SLP(C) No. 29291/2010 Six weeks time, as last chance is given to the learned counsel for the respondent Nos. 1 and 6 to file the counter affidavit. 9 ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB Ld. Counsel for the Respondent Nos. 2 to 5 have already filed the counter affidavit but the same has not been served to Mr. Praveen Swarup, Ld. Counsel for the respondent No. 6. The learned counsel shall supply the copy to him and file proof within a period of week's time. SLP(C) No. 1059/2011 Mr. Kamal Mohan Gupta and Mr. Y.P. Dhingra, Ld. Counsel have filed vakalatnama on behalf of the Respondent Nos. 2 to 3 and 6, 7 and 11. They seek and are given six weeks time to file the counter affidavit. Three weeks time, as last chance is given to the learned counsel for the petitioner for filing an application to bring on record the Lrs. Of the deceased respondent Nos. 4, 5, 8, 9, 10 and 12. The learned counsel for the petitioner is directed to comply with the terms of the office report within a period of three weeks. SLP(C) No. 35087/2010 Three weeks time, as last chance is given to the learned counsel for the petitioner for filing the affidavit in proof of dasti service of notice already issued to the respondent No. 1. Respondent No. 7 has been served but no one has entered appearance on his behalf. He shall be at liberty to file the counter affidavit within a period of six weeks, in case he intends to do so. Mr. P.N. Gupta, Ld. Counsel has already filed the vakalatnama and counter affidavit on behalf of the respondent Nos. 2 to 6. 10 ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB The other served respondents shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so. SLP(C) No. 11213/2011 Service of show cause notice is complete in SLP as well as in the Contempt Petition. The contemnors/respondents shall be at

liberty to file the counter affidavit within a period of six weeks, in case they intend to do so.

SLP(C) No. 11831/2011 Mr. Gagan Gupta, Ld. Advocate has filed vakalatnama and the counter affidavit on behalf of the respondent No.4. The respondent Nos. 1, 2 and 3 have been served but no one has entered appearance on their behalf. They shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so. SLP(C) No. 13653/2011 Mr. Kamal Mohan Gupta, Ld. Counsel has filed vakalatnama on behalf of the Respondent Nos. 1 and 2. He seek and is given six weeks time to file the counter affidavit. The other served respondents shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so. The office report indicates that respondent No. 4 has filed the counter affidavit but the same is found to be defective. The learned counsel shall rectify the defects in the said counter affidavit within a period of four weeks. 11 ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB Three weeks time, as last chance is given to the learned counsel for the petitioner for filing the process fee and the spare copies of the SLP for the service of show cause notice to the unserved respondent No. 3. SLP(C) No. 11510/2011 The Learned counsel for the respondent Nos.2 to 7 seeks and is given six weeks' time, as last chance to file the counter affidavit. The served respondents shall also be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so. The learned counsel for the petitioner has filed an application to bring on record the Lrs. Of the deceased respondent No. 1 which is found to be defective. The learned counsel shall rectify the defects in the said application within a period of two weeks. The learned counsel for the petitioner shall take fresh steps for the service of notice to the unserved respondent Nos. 8 and 10 within a period of three weeks. SLP(C) Nos. 25383-25384/2011 The office report indicates that the Respondent Nos. 1 to 4 have already filed the counter affidavit. Three weeks time, as last chance is given to the learned counsel for the petitioner for filing the affidavit in proof of dasti service of notice already issued to the respondent No.5. 12 ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB SLP(C) No. 30979/2011 Six weeks time, as last chance is given to the learned counsel for the respondent Nos. 3,4, 5 and 9 to 11 to file the counter

affidavit. The respondent No. 8 has been served but no one has entered appearance on his behalf. He shall also be at liberty to file the counter affidavit within a period of six weeks, in case he intends to do so. The learned counsel for the petitioner shall take fresh steps for the service of notice to the unserved respondent Nos. 1, 2, 6 and 7 within a period of three weeks. SLP(C) No. 34114/2011 Mr. Praveen Swarup, Ld. Counsel has filed vakalatnama on behalf of the Respondent Nos. 3 to 8. The Learned counsel seeks and is given six weeks' time to file the counter affidavit. The learned counsel for the petitioner shall take fresh steps for the service of notice to the unserved respondent Nos. 1 and 2 within a period of three weeks. SLP(C) No. 4915/2012 Respondent Nos. 3, 6, 17 and 18 has been served but no one has entered appearance on their behalf. They shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so. The learned counsel for the petitioner shall take fresh steps for the service of notice to the unserved respondents within a period of three weeks. 13 ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB The I.A. for substitution filed by the learned counsel for the petitioner is defective. The learned counsel is directed to cure the defects in the said application within a period of three weeks. SLP(C) No. 6473/2012 The office report indicates that the Ld. Counsel Mr. Kamal Mohan Gupta has filed the vakalatnama on behalf of the respondent Nos. 2 and 4 and has filed counter affidavit on behalf of Respondent Nos. 2 to 4. The learned counsel shall file the vakalatnama on behalf of Respondent No.3 within a period of three weeks, failing which the counter affidavit filed on behalf of Respondent No. 3 shall be taken off the record. Respondent No.1 has been served but no one has entered appearance on their behalf. He shall at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so. The learned counsel for the petitioner shall take fresh steps for the service of notice to the unserved respondent No.3 within a period of three weeks. SLP(C) No. 6505/2012 The office report indicates that the Respondent No. 1 has already filed the counter affidavit. The learned counsel for the petitioner shall take fresh steps for the service of notice to the unserved respondent Nos. 2 to 4 within a period of three weeks. SLP(C) No. 6533/2012

Mr. Kamal Mohan, Ld. Counsel has filed the vakalatnama on behalf of respondent Nos. 4 and 6 and the counter affidavit on behalf of the respondent Nos. 4 to 6. Ld. Counsel shall file the vakalatnama on behalf of the Respondent No. 5 also within four weeks and in case it is not filed the counter affidavit filed on behalf of Respondent No.5 shall be taken off the record. Respondent Nos. 1 to 3 have been served but no one has entered appearance on their behalf. They shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so. The learned counsel for the petitioner shall take fresh steps for the service of notice to the respondent No.5 within a period of three weeks. SLP(C) Nos. 4128-4129/2012 The office report indicates that the Respondent Nos.1 to 4 have already filed the counter affidavit. The learned counsel for the petitioner shall take fresh steps for the service of notice to the respondent No.5 within a period of three weeks.

SLP(C) No. 8111/2013 Mr. Abhav Kumar, Ld. Counsel has filed vakalatnama on behalf of the respondent No.4. He seeks and is given six weeks time to file the counter affidavit. Respondent Nos. 1 and 2 have been served but no one has

entered appearance on their behalf. They shall be at liberty to file the counter affidavit within a period of six weeks, in case they intend to do so.

15

ITEM NO.19 REGISTRAR COURT. 2 SECTION IVB

The learned counsel for the petitioner shall take fresh steps for the service of notice to the unserved respondent Nos. 3, 5 and 6 within a period of three weeks. List again on 8.10.2014.

(M K HANJURA) Registrar

Mg

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Order(83) - 19 Nov 2014

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Order(84) - 19 Nov 2014

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Order(78) - 8 Oct 2014

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Order(79) - 8 Oct 2014

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Order(77) - 24 Jul 2014

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Order(76) - 25 Mar 2014

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Order(75) - 24 Mar 2014

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Order(74) - 11 Mar 2014

Office Report - of Main Case

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Order(73) - 15 Jan 2014

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Order(72) - 8 Jan 2014

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Order(71) - 18 Oct 2013

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Order(70) - 23 Sept 2013

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Order(69) - 6 Sept 2013

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Order(67) - 23 Aug 2013

Office Report - of Main Case

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Order(68) - 23 Aug 2013

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Order(66) - 13 Aug 2013

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Order(65) - 17 Jul 2013

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Order(64) - 8 May 2013

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Order(63) - 22 Apr 2013

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Order(62) - 18 Mar 2013

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Order(61) - 25 Feb 2013

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Order(60) - 4 Feb 2013

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Order(59) - 1 Feb 2013

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Order(58) - 16 Jan 2013

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Order(57) - 6 Dec 2012

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Order(56) - 7 Nov 2012

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Order(54) - 5 Nov 2012

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Order(55) - 5 Nov 2012

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Order(53) - 12 Oct 2012

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Order(52) - 28 Sept 2012

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Order(51) - 5 Sept 2012

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Order(50) - 31 Aug 2012

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Order(49) - 30 Jul 2012

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Order(47) - 23 Jul 2012

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Order(48) - 23 Jul 2012

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Order(45) - 7 May 2012

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Order(46) - 7 May 2012

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Order(44) - 30 Mar 2012

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Order(43) - 2 Mar 2012

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Order(42) - 21 Feb 2012

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Order(41) - 15 Feb 2012

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Order(40) - 23 Jan 2012

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Order(39) - 13 Jan 2012

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Order(38) - 9 Jan 2012

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Order(37) - 13 Dec 2011

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Order(35) - 25 Nov 2011

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Order(36) - 25 Nov 2011

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Order(34) - 19 Oct 2011

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Order(33) - 13 Sept 2011

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Order(32) - 2 Sept 2011

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Order(31) - 2 Aug 2011

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Order(30) - 5 Jul 2011

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Order(28) - 13 May 2011

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Order(29) - 13 May 2011

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Order(27) - 9 May 2011

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Order(25) - 15 Apr 2011

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Order(26) - 15 Apr 2011

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Order(24) - 8 Mar 2011

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Order(23) - 7 Feb 2011

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Order(22) - 1 Feb 2011

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Order(21) - 6 Jan 2011

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Order(20) - 15 Dec 2010

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Order(19) - 6 Dec 2010

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Order(18) - 15 Nov 2010

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Order(17) - 25 Oct 2010

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Order(16) - 20 Sept 2010

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Order(14) - 1 Sept 2010

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Order(15) - 1 Sept 2010

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Order(13) - 5 Apr 2010

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Order(12) - 4 Dec 2009

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Order(11) - 3 Nov 2009

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Order(10) - 8 Sept 2009

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Order(9) - 11 Aug 2009

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Order(8) - 16 Jul 2009

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Order(7) - 21 Apr 2009

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Order(6) - 9 Jan 2009

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Order(5) - 1 Sept 2008

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Order(4) - 5 May 2008

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Order(3) - 28 Apr 2008

ROP - of Main Case

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Order(1) - 21 Apr 2008

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Order(2) - 21 Apr 2008

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