Union Of India And Ors Through Its Secretary vs. Shastri Construction Co.& Ors.

Court:Supreme Court of India
Judge:Hon'ble Mohan M. Shantanagoudar
Case Status:Disposed
Order Date:24 Jul 2013
CNR:SCIN010325302012

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Case Registered

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2 Nov 2012

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Order Text

SECTION IV B Listed on 24.07.2013 Court No.R-1 IN THE SUPREME COURT OF INDIA Item No. 50 CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL)NO. 37095 OF 2012.

WITH PRAYER FOR INTERIM RELIEF

Union of India & Ors ....Petitioner(s)

Versus

M/S Shastri Construction Co. ....Respondent(s)

OFFICE REPORT

The matter above mentioned was listed before the Ld.Registrar on 10.05.2013, when the following order was passed:-

" Notices be re issued to respondent Nos. 1(i) to (iv) and respondent No.2 on filing process fee and spare copies within two weeks, through the concerned District Court in addition to postal service.

Registry to submit a complete and proper report in respect of status of the remaining respondents on record.

List again on 24.7.2013."

It is submitted that fresh show cause notice has been issued for unserved respondent nos. 1(i) to 1(iv) and respondent no. 2 by registered A. D. Post as well as through the concerned Civil Court. A. D. Cards duly signed have been received back in respect of respondent nos. 1(iii), 1(iv) and respondent no. 2 (Sh. Vidya Bhushan sole Arbitrator) but no one has entered appearance on behalf of respondent Nos. 1(iii) and 1(iv) and respondent no. 2 so far. Neither A.D. Cards nor unserved covers, containing notice, have been received back in respect of respondent nos. 1(i) and 1(ii) so far.

It is also submitted that report from Civil Judge (Sr. Divn.) Lucknow has been received stating therein that respondent no. 2 i.e Sh. Vidya Bhushan, Sole Arbitrator, C/o Standing Panel of Arbritator has been shifted to Delhi from Lucknow. A letter dated 28.05.2013 has also received from the Chief Engineer, Bhatinda Zone i.e Petitioner No. 2 stating therein that sole Arbitrator has retired long back and all filed were transferred to Deptt.

It is further submitted that service report has been received from the Distt. & Session Judge Chandigarh stating therein that service of notice on respondent nos. 1(i) to 1(iv) could not be effected on the House No. mentioned in the Notice is under construction and no respondent was present as the spot laborers were working there.

No one has entered appearance on behalf of respondent no. 1(iv) served by registered A. D. Post so far.

Service of show cause notice is complete.

The matter is listed before the Ld. Registrar with this office report.

Dated this the 23rd day of July ,2013.

ASSISTANT REGISTRAR

Copy to :-Mr. B. V. Balram Das, Adv.

ASSISTANT REGISTRAR

ckm

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