Quadrant Televenture Ltd. (Earlier Known As M/S Hfcl Infocomm Ltd. ) vs. Union Of India . Dept. Of Telecommunication Through Its Secretary
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
11 Dec 2015
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Order Text
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 5882 OF 2015 with CIVIL APPEAL NOS. 5911,5929,5930,5931, 5957,5996, 5997, 5998, 6002, 6003, 6004,6010, 6011 and 6012 OF 2015 With INTERLOCUTORY APPLICATION NO. 1 OF 2015 AND 2 OF 2016 (Application for Stay and amendment of cause title) and CIVIL APPEAL NO. 5909 , 5934 and 6009 OF 2015 With INTERLOCUTORY APPLICATION NO. 1 OF 2015 (Application for Stay) and CIVIL APPEAL NOS. 61836255 OF 2015 With INTERLOCUTORY APPLICATION Nos. 74146 and 147219 OF 2015 (Application for seeking permission to raise additional grounds and stay) and CIVIL APPEAL NOS. 63286399 OF 2015 With INTERLOCUTORY APPLICATION NO.172, 73144 OF 2015 and 145216 and 217227 of 2016 (Application for Stay, Impleadment and Amendment of cause title) and CIVIL APPEAL NOS. 58325852 OF 2015 and CIVIL APPEAL NOS. 68886895 OF 2015 With INTERLOCUTORY APPLICATION NOS. 916, 1724 and 2532 of 2015 (Application for exemption from certified copy, stay and an addl. documents) and CIVIL APPEAL NOS. 849395 and 84968505 of 2015 With INTERLOCUTORY APPLICATION NOS. 79 and 3140 of 2015 (Application for permission to file additional documents) and CIVIL APPEAL NOs. 8506 30 of 2015 With INTERLOCUTORY APPLICATION NOS. 26 50 and 51 75 of 2015 (Application for Stay and permission to file additional documents) and
CIVIL APPEAL NOs. 80098017 of 2015 With INTERLOCUTORY APPLICATION NOS. 19 and 1018 of 2015 and 1923 of 2016 (Application for Stay and amendment of cause title ) and CIVIL APPEAL NO. 13538,13550, 13574, 13584, 13585, 13586, 13587, 13588, 13590, 13591, 13592, 13593, 13680, 13681, 13697, 13698 and 13699 OF 2015 With INTERLOCUTORY APPLICATION NOS. 1 OF 2015 AND 2 OF 2016 (Application for Stay and amendment of cause title) AND CIVIL APPEAL NOS. 1358182 OF 2015 WITH INTERLOCUTORY APPLICATION NOS. 12 OF 2015 (Application for Stay) AND CIVIL APPEAL NOS. 1359596 OF 2015 WITH INTERLOCUTORY APPLICATION NOS. 12 OF 2015 AND 34 of 2016 (Application for Stay and amendment of cause title) AND CIVIL APPEAL NOS. 1370513711 OF 2015 WITH INTERLOCUTORY APPLICATION NOS. 17 OF 2015 AND 8 12 of 2016 (Application for Stay and amendment of cause title) and CIVIL APPEAL NO. 344, 493, 497 and 498 OF 2016 WITH INTERLOCUTORY APPLICATION NOS. 2, 3 and 4 OF 2016 (Application for exemption from filing certified copy, stay and additional documents) and CIVIL APPEAL NO. 14624 OF 2015 WITH INTERLOCUTORY APPLICATION NOS. 2 and 3 2015 (Application for exemption from filing certified copy and stay) and CIVIL APPEAL NO. 3099 OF 2016 WITH INTERLOCUTORY APPLICATION NOS. 2, 4 and 5 2016 (Application for Stay, Directions and permission to file additional documents) and CIVIL APPEAL NOS. 60226044 OF 2016 WITH INTERLOCUTORY APPLICATION NOS. 4769, 7092 and 93111 2016 (Application for Stay, permission to file lengthy list of dates and amendment of cause title)
M/S Vodafone West Ltd. & Etc. ...Appellants
VERSUS
UOI, Department of Telecommunications & Etc. ...Respondents
OFFICE REPORT
The application for early hearing in Civil Appeal Nos. 6183 6255 of 2015 were listed before the Hon'ble Court on 26.09.2016, When the Court was pleased to pass the following order:
"According to the office report is appears that a large number of appeals raising common questions of law are pending in this Court in which although service is complete but no counter affidavits have been filed. Learned counsel appearing for some of the respondentscompany submits that the Registry could be directed to take up these matters next week so that counter affidavits wherever required could be filed by the respondents concerned and the process be completed to enable this Court to take up these matters. We see no reason to decline that prayer.
We accordingly direct the Registrar to consolidate all these appeals and list them for completion of pleadings on 03.10.2016. The Registrar shall grant one final opportunity to all the respondents in these appeals to file their counter affidavits within 10 days and rejoinder affidavit to the same within one week thereafter and submit a report regarding completion of the pleadings for direction before this Court on 24.10.2016.
List this application on 24.10.2016 along with all connected appeals mentioned above."
It is submitted that this is a a group of 54 matters. Service position in all the
matters is detailed for compete and incomplete matters separately.
S.No. | Civil Appeal Nos. | Service Position | Status of Pleadings |
---|---|---|---|
1 | 5882/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
2 | 5911/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
3 | 5929/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
4 | 5930/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
Service complete Matters
5 | 5931/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
---|---|---|---|
6 | 5934/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
7 | 5957/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
8 | 583252/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
9 | 5909/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
10 | 6002/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
11 | 5997/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
12 | 6003/2015 | Respondent Nos. 1 & 2<br>represented by Mr. D.s. Mahra<br>and Mr. Mohit Paul | Counter affidavit not filed |
13 | 6004/2015 | Respondent Nos. 1 & 2<br>represented by Mr. D.s. Mahra<br>and Mr. Mohit Paul | Counter affidavit not filed |
14 | 6012/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
15 | 6010/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
16 | 6009/2015 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
17 | 5998/2015 | Sole respondent represented by<br>D.S. Mahra | Counter affidavit not filed |
18 | 6011/2015 | Sole respondent represented by<br>D.S. Mahra | Counter affidavit not filed |
19 | 5996/2015 | Sole respondent represented by<br>D.S. Mahra | Counter affidavit not filed |
20 | 84938495/2015 | Sole respondent represented by<br>D.S. Mahra | Counter affidavit not filed |
21 | 84968505/2015 | Sole respondent represented by<br>D.S. Mahra | Counter affidavit not filed |
22 | 85068530/2015 | Sole respondent represented by<br>D.S. Mahra | Counter affidavit not filed |
23 | 68886895/2015 | Sole respondent represented by<br>D.S. Mahra | Counter affidavit not filed |
---|---|---|---|
24 | 13550/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
25 | 13574/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
26 | 13581582/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
27 | 13586/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
28 | 13587/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
29 | 13588/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
30 | 13590/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
31 | 13591/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
32 | 13592/2015 | Service Complete on sole<br>respondent but no one has filed<br>vakalatnama | |
33 | 13593/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
34 | 13595596/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
35 | 13680/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
36 | 13681/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
37 | 13697/2015 | Service Complete on sole<br>respondent but no one has | |
filed vakalatnama | |||
---|---|---|---|
38 | 13698/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
39 | 13699/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
40 | 1370513711/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
41 | 13538/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
42 | 13585/2015 | Service Complete on sole<br>respondent but no one has<br>filed vakalatnama | |
43 | 498/2016 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
44 | 497/2016 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
45 | 493/2016 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
46 | 344/2016 | Sole respondent represented<br>by D.S. Mahra | Counter affidavit not filed |
Service Incomplete matters
CIVIL APPEAL Nos. 61836255 OF 2015
It is submitted that notice was issued on 23.11.2015 to all the respondents through registered A.D. Mr. Kishore Kunal, Mr. Abhijat P. Medh, Mr. Sunil Kr. Jain, Mr. Harsh Kaushik , Mr. E.C. Agrawala and Mr. Pukhramabam Ramesh Kumar have entered appearance on behalf of sole respondent in Appeal nos. 6213; 6214; 6195 to 6201; 6236 & 6237;6212 of 2015 and 6221 to 6235, 6242 to 6253 of 2015 respectively. Duly signed A.D. Card has been received back in respect of sole respondent in Appeal nos. 6183 to 6194, 6215 and 6216 of 2015 but no one has entered appearance on its behalf. Unserved cover have been received back in respect of Common sole respondent in Appeal nos. 6209,6210 and 6255, sole respondent in Appeal no. 6211 of 2015 of 2015 with remarks as "Left". Mr. Faisal Sherwani, Advocate has filed vakalatnama on behalf of sole respondent in Appeal Nos. 6238 to 6241 of 2015 but the same is defective as the rubber stamp of company is not affixed on the vakalatnama. Neither A.D. Card nor unserved cover have been received back in respect of remaining respondents. Service is incomplete in Appeal Nos. 6202 to 6211,6217 to 6220,6238 to 6241, 6254 and 6255 of 2015.
However, Sole respondent in Appeal Nos. 6202 to 6208 and 6217 to 6220 of 2015 is represented in connected Appeal No. Civil Appeal 68886895 of 2015 and Civil Appeal No. 493 of 2016 through Mr. E.C. Agarwala and Mr. Gautam Narayan, Advocates respectively.
CIVIL APPEAL Nos. 63286399 OF 2015
It is submitted that notice was issued on 19.11.2015 to all the respondents Civil Appeal 68886895 of 2015 through registered A.D. Mr. Kishore Kunal, Mr. Abhijat P. Medh, Mr. Sunil Kr. Jain, Ms. Bina Gupta and Mr. E.C. Agrawala, Advocates have entered appearance on behalf of sole respondent in Appeal nos. 6336, 6337, 6351, 6357 to 6367, 6328, 6339, 6440, 6348, 6353, 6329, 6356,6392 to 6399 of 2015 respectively. Duly signed A.D. Card has been received back in respect of sole respondent in Appeal nos. 6330 and 6350 of 2015 but no one has entered appearance on its behalf. Unserved covers have been received back in respect of sole respondent in Appeal nos. 6336, 6352, 6341 to 6343 with remarks as "Left". Neither A.D. Card nor unserved cover have been received back in respect of sole repondent in Appeal Nos. 63316335, 6342 to 6347, 6349, 6354, 6355, 6368 to 6391. Service is incomplete.
However, Sole respondent in Appeal Nos. 63316335,6347,6354,6380 to 6391 of 2015 (Bharti Airtel Ltd.) is represented in connected Appeal No. 61836255 of 2015 through Mr. Harsh Kaushik, Advocate and sole respondents in Appeal Nos. 6344 to 6346 of 2015 are common with the appellant in connected Civil Appeal 68886895 of 2015 which are represented by Mr. E.C.Agarwala, Advocate.
It is further submitted that Counsel for the apellant has on 05.05.2016 filed reply in I.A. Nos. 145216 of 2016 ( Application for Impleadment).
It is further submitted that Counsel for the appellant has on 28.07.2016 filed application for amendment of Cause title in Appeal Nos. 6336, 6337, 6358 to 6362 and
CIVIL APPEAL NOs. 80098017 of 2015
.
It is submitted that notice was issued to the sole respondent in all these appeals through registered A.D. Mr. Kishore Kunal, Advocate has filed vakalatnama on behalf of Sole respondent in Appeal nos. 8010 to 8015 but has not filed counter affidavit. Mr. Rameshwar prasad Goyal, Advocate has filed vakalatnama on behalf of sole respondent in Appeal no. 8016 of 2015 and has also filed counter affidavit . Duly signed A.D. card in respect of sole respondent in Appeal No. 8009 and 8017 of 2015 is awaited. Service is incomplete. Service is incomplete on sole respondent in Appeal No. 8009 and 8017 of 2015. However these respondents are common with the appellant in connected Civil Appeal Nos. 85068530 of 2015 and 68886895 of 2015 which are represented by Mr. E.C.Agarwala, Advocate.
It is further submitted that Counsel for the appellant has filed application for amendment of Cause title in Appeal Nos. 8010,8011,8013 to 8015 which are registered as I.A. Nos. 1923 of 2016.
CIVIL APPEAL NO. 14624 OF 2015
It is submitted that notice was issued to all the seven respondents. Respondent no. 1 in the matter is represented by Mr. D.S. Mahra, Advocate. Neither A.D. Card nor unserved cover have been received back in respect of respondent no. 2 to 7. Service is incomplete.
It is further submitted that Respondent nos. 3, 5 and 7 in this appeal are common with the respondent No. 2 in connected Appeal No. 6003 of 2015 and appellant in connected appeal nos. 84938495 and 84968505 of 2016 represented by Mr. Mohit Paul and Mr. Abhijat P. Medh, Advocates.
Civil Appeal no. 3099 of 2016
It is submitted that notice was issued on 18.03.2016 to all the three respondents through registered A.D. Neither A.D. Card nor unserved cover have been received back in respect of these three respondents. However, respondent no. 1 in this matter is common with the appellant in connected matter Civil Appeal nos. 61836255 of 2015 which is represented by Mr. D.S. Mahra, Advocate. Service is incomplete.
It is further submitted that Ms. Anjani Aiyagiri, Advocate has on 01.06.2016 filed
vakalatnama on behalf of the appellant after obtaining NOC from erstwhile advocate and has also filed application for directions and permission to file additional documents which are registered as I.A. Nos. 4 & 5 of 2016.
Civil Appeal nos. 60226044 of 2016
It is submitted that notice was issued on 22.07.2016 to the sole respondent in all these appeals through registered A.D. Mr. Kishore Kunal, Advocate has filed vakalatnama on behalf of sole respondent in Appeal Nos. 6022 to 6042 of 2016 but has not filed counter affidavit. Duly signed A.D. Card in respect of Sole respondent in Appeal No. 6044 of 2016 has been received but no one has entered appearance on its behalf. Unserved cover in respect of sole respondent in Appeal No. 6043 of 2016 (M/s Loop Mobile (India) Ltd.) has been received back with remarks "Left". Service is incomplete on sole respondent in Appeal No. 6043 of 2016.
It is further submitted that Counsel for the appellant has on 28.07.2016 filed application for amendment of Cause title in Appeal Nos. 6022 to 6028, 6030 to 6038 and 6040 to 6042 of 2016 which are registered as I.A. Nos. 93111 of 2016.
S.No. | Civil Appeal Nos. | Service Position | Status of Pleadings |
---|---|---|---|
1 | 13584/2015 | Incomplete.<br>Service incomplete on<br>respondent No. 2 . | Counter affidavit not filed<br>by represented<br>respondent |
2 | 63286399/2015 | Incomplete<br>Service incomplete on sole<br>repondent in AppealNos.<br>6331 6335, 6342 to 6347,<br>6349, 6354, 6355, 6368 to<br>6391. | Counter affidavit not filed<br>by represented<br>respondents |
3 | 80098017/2015 | Incomplete.<br>Service incomplete on sole<br>respondent in Appeal Nos.<br>8009 and 8017 of 2015. | Counter affidavit filed by<br>sole respondent in Appeal<br>No. 8016 only |
4 | 14624/2015 | Incomplete.<br>Service incomplete on<br>respondent Nos. 2 to 7 . | Counter affidavit not filed<br>by represented<br>respondents |
5 | 61836255/2015 | Incomplete.<br>Service is incomplete in<br>Appeal<br>Nos.<br>6202<br>to<br>6211,6217 to 6220,6238 to | Counter affidavit filed by<br>Respondent in Appeal No.<br>6213 only |
6241, 6254 and 6255 of 2015. | |||
---|---|---|---|
6 | 3099/2016 | Incomplete<br>Service incomplete on<br>respondent Nos.<br>1 to 3 | |
7 | 60226044/2016 | Incomplete<br>Service incomplete on sole<br>respondent in<br>6044 of 2015 | Counter affidavit not filed<br>by represented<br>respondents |
The matters abovementioned are listed before the Ld. Registrar Court with this office report.
DATED THIS THE 01st DAY OF OCTOBER, 2016.
ASSISTANT REGISTRAR
Copy to: Mr. Kishore Kunal, Advocate Mr. Abhijat P. Medh, Advocate Mr. Sunil Kr. Jain, Advocate Mr. Harsh Kaushik, Advocate Mr. E.C. Agarwala, Advocate Mr. Pukhramabam Ramesh Kumar, Advocate Mr. D.S. Mahra, Advocate Mr. Rahul Narayan, Advocate Mr. Gautam Narayan, Advocate Ms. Anjani Aiyagiri, Advocate Ms. Bina Gupta, Advocate Mr. Mohit Paul, Advocate Mr. K.R. Sasi Prabhu, Advocae
ASSISTANT REGISTRAR