The South Indian Sugar Mills Ass vs. A. P Electricity Reg. Comm

Court:Supreme Court of India

Judge:Hon'ble Abhay S. Oka

Case Status:Pending

Order Date:20 Jan 2016

CNR:SCIN010324942013

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16 Dec 2013

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SECTION XVII

MATTER FOR : COURT NO. ITEM NO. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 10448 and 10499 OF 2014 with CIVIL APPEAL NO. 13761385 OF 2013 with

CIVIL APPEAL NO. 11331, 786061, 11333, 11335, 11336, 11337, 11339 and 11340 OF 2013

Transmission corporation of Andhra Pradesh Ltd & Ors. ....Appellants

VERSUS

M/S SLS Power Ltd. & Ors. .....Respondents

OFFICE REPORT

The matters above mentioned were listed before the Ld. Registrar Court on 27.10.2015 when the Court was pleased to pass the following order:

C.A. No. 10448/2014 and 10499/2014

Service report in respect of the unserved respondents is awaited in both the appeals.

C.A. No. 13761385/2013

Respondent Nos.4 to 6 in CA No.1376/2013, respondent Nos.7 to 9, 16, 19, 20, 23 and 30 in CA No.1377/2013, respondent Nos.1, 4 and 10 in CA No.1378/2013, respondent No.4 in CA No.1379/2013, respondent Nos.11 to 13 in CA No.1380/2013, respondent No. 6 in CA No.1381/2013, respondent Nos.1 to 10, and 13 to 15 in CA No.1382/2013, respondent Nos.1, 4 to 6 in CA No.1383/2013, respondent Nos.1, 4, 5 and 6 in CA No.1384/2013 and respondent Nos.1 to 3, 6 and 7 in CA No.1385/2013 are yet to be served. Appellant to take appropriate steps to effect service within three weeks. Notice thereafter be issued.

C.A. No. 11331/2013

Service of respondent Nos.1, 2, 6, 8, 9, 14 and 16 is complete but none has entered appearance. Respondent No.3 has already filed the counter affidavit. Remaining all the respondents are yet to be served. Appellant to take fresh steps to effect service within three weeks. Notice thereafter be issued.

C.A. No. 78607861/2013

Appellant to take fresh steps to effect service on all the unserved respondents in both the appeals within three weeks. Notice thereafter be issued. Registry to report the status of the pleadings on behalf of the served respondents.

C.A. No. 11335/2013

Respondent Nos.1, 5 and 6 have failed to appear, despite being duly served. Remaining respondents are yet to be served. The Ld. Counsel for the appellant to take fresh steps to effect service. Notice thereafter be issued.

C.A. No.11336/2013

Respondent Nos.1, 6 and 7 have failed to appear, despite being duly served. Remaining respondents are yet to be served. The Ld. Counsel for the appellant to take fresh steps to effect service. Notice thereafter be issued.

C.A. No. 11333/2013

Respondent Nos.1, 4 and 7 has already failed to appear, despite being duly served. Respondent Nos.3, 5 and 6 are yet to be served. The Ld. Counsel for the appellant to take fresh steps to effect service. Notice thereafter be issued.

C.A. No. 11337,11339 and 11340/2013

The unserved respondent Nos.1, 7 and 8 are requested to be served through the standing counsel concerned. Notice be accordingly issued. Remaining all respondents in three of these appeals have failed to appear, despite being served. List again on 20.1.2016.

CIVIL APPEAL No. 10448 of 2014

It is submitted that there are 69 respondents in the Appeal. Mr. Pramod Dayal and Mr. Y. Raja Gopala Rao, Advocates have entered appearance on behalf of respondent nos. 37 to 44 and 30,31,33,34,35,45 but have not filed counter affidavit. Duly signed A.D. card have been received for respondent nos. 1,2,4,6,7,10,12,13,17,20,21,22,24,28,29, 46,47 to 49,51 to 58,60 to 63, 65,66,67 and 69 but no one has entered appearance on behalf of them. Fresh notices were issued to the unserved respondents nos. On 14.10.2015 through registered A.D.

It is further submitted that Respondent nos. 3,5,8,9,11,14,15,16,18,19,23,25,26,27 and 50 are common with the appellant in Connected matter 7860 and 7861of 2013 and are represented by M/S MCLM & Co., Advocates. Respondent no. 32 and 36 are common with the appellant in Civil Appeal nos. 11340 and 11336 of 2013 respectively and are represented by Mr. Y.RajaGopala Rao and M/S MCLM & Co., Advocates respectively. Neither A.D. Card nor unserved cover have been received back in respect of respondent nos. 59, 64 and 68.

CIVIL APPEAL No. 10499 of 2014

It is submitted that there are 49 respondents. Duly signed A.D. cards have been received back in respect of respondent nos. 1,2,4,6,9,10,11,13 to 17,20,22, 24,26 to 28, 30 to 32, 34 to 37, 41 to 43,45 to 47 and 49 but no one has entered appearance on their behalf. Fresh notices were issued to the unserved respondents nos. on 14.10.2015 through registered A.D.

It is submitted that Respondent nos. 3,5,7,8,12,18,19,21,23 and 25 are common with the appellant in connected matter 7860 and 7861 of 2013 and are represented by M/S MCLM & Co., Advocates. Respondent nos. 38 to 40 are common with the appellant in Civil Appeal nos. 11340 of 2013 respectively and are represented by Mr. Y.RajaGopala Rao, Advocate respectively. Respondent no. 29 and 44 are common with the respondents in Civil Appeal Nos. 7861 and 1381 of 2013 which are represented by Mr. Ejaz Maqbool and Mr. Y.Rajagopala Rao, Advocates respectively. Neither A.D. Card nor unserved cover have been received back in respect of respondent nos. 33 and 48.

SERVICE POSITION OF CIVIL APPEAL NOS. 13761385 OF 2013

Civil<br>Appeal No.	Total<br>Respond<br>ents	Service Position	Remarks
1376/2013	6	R.Nos.1, 2 and 3 are<br>represented through Mr. Liz<br>Mathew, K.V. Mohan and<br>D.Bharthi Reddy, Advocates
		Service on R.Nos. 4 to 6 is<br>incomplete. (Proforma<br>Respondents)	Respondent No.6 is common<br>respondent in<br>C.A.No.7860/2013 and is<br>represented through Mr.<br>G.N.Reddy, Advocate.
1377/2013	30	R.Nos.1 to 8, 10 to 15, 17,<br>18, 21, 22, 24 to 27,28 and<br>29 are represented through<br>M/s.Mclm & co., K.V. Mohan<br>and D. Bharthi Reddy,<br>Advocates.
		Service on R.Nos.9,16,19,20,<br>23 is incomplete.	Appellants in C.A. No.<br>7860/2013 and are<br>represented through MCLM &<br>Co., Advocates.
		Service on R.No. 30 is<br>incomplete.	Common Respondent in<br>C.A.No.7860/2013 and is<br>represented through Mr.<br>G.N.Reddy, Advocate.
1378/2013	10	R.Nos. 2,3,5,6,7,8 and 9 are<br>represented through<br>Rajagopala Rao and K.V.<br>Mohan & D.Bharathi Reddy,<br>Advocates respectively.<br>Service on R.Nos. 1, 4 and<br>10 is incomplete. (R.No. 10<br>is proforma Respondent).	R.Nos. 1 and 4 are common<br>appellants in C.A. No.<br>11340/2013 and represented<br>through Mr. Rajagopala Rao,<br>Advocate.
			R.No. 10 is common<br>respondent in C.A. Nos.<br>7860-7861/2013 and<br>represented through Mr. G.N.<br>Reddy, Advocate.

1379/2013	4	R.Nos. 1,2 and 3 are<br>represented through M/s<br>MCLM & Co., K.V. Mohan and<br>D.Bharathi Reddy,<br>Advocates respectively.<br>Service on R.No. 4 is<br>incomplete. (Proforma<br>Respndent)	Common respondent in CA<br>Nos. 7860-7861 of 2013 and<br>represented through Mr. G.N.<br>Reddy, Advocate.
1380/2013	13	R.Nos.1 to 8, 9 and 10 are<br>represented through Mr.<br>Pramod Dayal, K.V. Mohan<br>and D.Bharathi Reddy,<br>Advocates.<br>Service on R.Nos.11, 12 and<br>13 is Incomplete.	R.No. 13 is common<br>respondent in C.A. Nos.<br>7860-7861/2013 and<br>represented through Mr. G.N.<br>Reddy, Advocate.<br>R.Nos. 11 and 12 are<br>Proforma<br>Respondents.
1381/2013	6	R.Nos.1 to 3, 4 and 5 are<br>represented through Mr.<br>Rajagopala Rao, K.V. Mohan<br>and D.Bharathi Reddy,<br>Advocates.<br>Service on R.No. 6 is<br>incomplete.	Common respondent in CA<br>Nos. 7860-7861/2013 and<br>represented through Mr. G.N.<br>Reddy, Advocate.
1382/2015	15	R.Nos. 11 and 12<br>represented through K.V.<br>Mohan and D.Bharathi<br>Reddy, Advocates.<br>Service on R.No. 1 is<br>incomplete.<br>Service on R.Nos. 2 and 6 is<br>incomplete.	Common respondents in CA.<br>Nos. 1377/2013 and are<br>represented through M/s<br>MCLM & Co., Advocates.

		Service no R.No. 4 is<br>incomplete.	Common respondent in CA<br>No. 7861/2013<br>and represented through Mr.<br>Ejaz Maqbool, Advocate.
		Service on R.Nos.<br>3,7,10,13,14 and 15 is<br>incomplete.	R.Nos. 13 and 14 are<br>Proforma Respondents.<br>R.No. 15 is common<br>respondent in CA Nos.<br>7860-7861 of 2013 and<br>represented through Mr. G.N.<br>Reddy, Advocate.
		Service on R.No. 5 is<br>incomplete.	Common respondent in CA<br>No. 7861/2013<br>and represented through Mr.<br>Pramod Dayal, Advocate in.
		Service on R.Nos. 8 and 9 is<br>incomplete.	Appellants in CA Nos.<br>11340/2013 and represented<br>through Mr. Y.Raja Gopala<br>Rao, Advocate.
1383/15	6	Service on R.No. 1 is<br>incomplete.
		R.Nos. 2 and 3 are<br>represented through K.V.<br>Mohan and D.Bharathi<br>Reddy, Advocates<br>respectively.
		Service on R.No. 4 is<br>incomplete.	Common respondent in CA<br>No. 7860/2013 and is<br>represented through Mr. G.N.<br>Reddy, Advocate.
		Service on R.Nos. 5 and 6 is<br>incomplete.	Proforma Respondents

1384/15	6	Service on R.No. 1 is<br>incomplete.<br>R.Nos. 2 and 3 are<br>represented through K.V.<br>Mohan and D.Bharathi<br>Reddy, Advocates<br>respectively.<br>Service on R.No. 4 is<br>incomplete.	Common respondent in CA<br>No. 7860/2013 and is<br>represented through Mr.G.N.<br>Reddy, Advocate.
		Service on R.Nos. 5 and 6 is<br>incomplete.	Proforma Respondents
1385/15	7	Service on R.Nos. 1,2,3 and<br>7 is incomplete.<br>R.Nos.4 and 5 are<br>represented through K.V.<br>Mohan and D.Bharathi<br>Reddy, Advocates<br>respectively.	R.No. 7 is Proforma<br>Respondent.
		Service on R.No. 6 is<br>incomplete.	Common respondent in CA<br>No. 7860/2013 and is<br>represented through G.N.<br>Reddy, Advocate.

C.A No. 11331/13

There are seven respondents in the abovementioned matter. Mr. A. Subba Rao, Advocate has entered appearance on behalf of Respondent nos. 26 and has also filed counter affidavit. A.D. Cards duly signed have been received back in respect of respondent nos. 1,8,9,11,13,14,15, 16 and 17 but no one has entered appearance .Neither A.D. cards nor unserved covers have been received back from Respondent Nos. 4,5,7. Respondent nos. 10 and 12 are commmon with respondents nos. 1 and 3 in Appeal no. 1380 of 2013 and is represented by Mr. Pramod Dayal. Service is incomplete in respect of respondent no 7.

C.A No. 786061 of 2013

There are 7 respondents in Civil Appeal no. 7860 of 2013 and 17 respondents in 7861 of 2013. The service position in the matters is as under:

Civil<br>Appeal<br>No.	Total<br>Respond<br>ents	Service Position	Remarks
7860/<br>2013	7	Service on R.Nos.1 - 6 is incomplete.<br>A.D. cards in response of R.Nos. 1,5 and<br>6 received but no one has entered<br>appearance.	R.No. 1 is Common<br>respondent in CA.<br>No. 1376/2013 and<br>is represented<br>through Mr. K.V.<br>Mohan, Advocate,<br>R.Nos. 2 to 6 are<br>appellants in main<br>matter and are<br>represented through<br>Mr. A.Subbarao,<br>Advocate.
		R.Nos. 2 and 7 are represented through<br>Mr. A. Subba Rao and G.N. Reddy,<br>Advocates respectively.
7861/<br>2013	17	Service on R.Nos. 1 to 3 is incomplete.<br>R.Nos. 7 and 8 are represented through<br>Mr. G.N. Reddy and Mr. Ezaj Maqbool,<br>Advocates respectively.<br>Service on R.Nos. 4, 5,6,15 and 17 is<br>complete through A.D. Cards.<br>R.Nos. 9 and 14 are represented through<br>Mr. Pramod Dayal and K.V. Mohan,<br>Advocates respectively.	Appellants in CA No.<br>1377/2013 and are<br>represented through<br>Mr. A.Subbarao,<br>Advocate.
		Service on R.Nos. 11 and 12 is<br>incomplete.<br>Service on R.Nos, 10,13 and 16 is<br>incomplete.	Appellants in CA No.<br>11340/2013 and<br>represented through<br>Mr. Y.Rajagopala<br>Rao, Advocates

It is submitted that Counsel for the represented respondents have not filed counter affidavit so far in Civil Appeal Nos. 7860 and 7861 of 2013.

C.A No. 11335/13

There are seven respondents in the abovementioned appeal . Mr. A. Subba Rao, Advocate has entered appearance on behalf of Respondent no. 2. Duly signed A.D. Cards have been received back in respect of respondent nos. 1, 5 & 6 but no one has entered appearance on their behalf. Service is incomplete in respect of respondent no. 3,4 & 7. Respondent nos. 3 and 4 are common with the appellant in Civil Appeal 137685 of 2013 and is represented by Mr. A. Subba Rao, Advocate. Respondent no. 7 is common respondent in Appeal no. 7860 of 2013 and is represented by Mr. G.N. Reddy, Advocate.