The State Of West Bengal vs. Arpita Roy (Samanta)

Court:Supreme Court of India
Judge:Hon'ble H.L. Dattu
Case Status:Disposed
Order Date:19 Aug 2015
CNR:SCIN010342202012

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6 Dec 2012

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SECTIONXVI

LISTED On:19.08.2015

COURT No.:1

ITEM No. :7

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (Civil) Nos. 15163 & 28977 of 2009, 24234 of 2010, 16767, 16768, 16781, 16924, 16929, 16936, 17118 of 2011 and 233 of 2013 (With Prayer for Interim Relief) WITH INTERLOCUTORY APPLICATION NO. 3 IN SLP(C) NO. 15163 OF 2009 (Application for directions) AND INTERLOCUTORY APPLICATION Nos. 5, 6 & 7 in SLP(C)NO. 15163 of 2009 (Application for Interventions) AND INTERLOCUTORY APPLICATION No. 8 in SLP(C)NO. 15163 of 2009 (Application for impleadment) AND INTERLOCUTORY APPLICATION No. in SLP(C)NO. 15163 of 2009 (Application for impleadment) AND INTERLOCUTORY APPLICATION No. 1 in SLP(C)NO. 28977 of 2009 (Application for condonation of delay in filing SLP) AND INTERLOCUTORY APPLICATION Nos. in SLP(C)NO. 24234 of 2010 (Application for impleadment/interventions) AND INTERLOCUTORY APPLICATION No. 1 in SLP(C)NO. 16767 of 2011 (Application for impleadment) AND INTERLOCUTORY APPLICATION No. 2 in SLP(C)NO. 16767 of 2011 (Application for intervention) AND INTERLOCUTORY APPLICATION No. 4 in SLP(C)NO. 16767 of 2011 (Application for addition of parties) AND INTERLOCUTORY APPLICATION No. in SLP(C)NO. 16767 of 2011 (Application for impleadment) AND INTERLOCUTORY APPLICATION Nos. 1, 2, 4, 7, 8 & 9 in SLP(C)NO. 16768 of 2011 (Application for interventions) AND INTERLOCUTORY APPLICATION No. 10 in SLP(C)NO. 16768 of 2011 (Application for detagging this matter from SLP(C) No.

15163 of 2009)

INTERLOCUTORY APPLICATION No. in SLP(C)NO. 16768 of 2011 (Application for directions) AND INTERLOCUTORY APPLICATION No. 1 in SLP(C)NO. 16781 of 2011 (Application for impleadment) AND INTERLOCUTORY APPLICATION Nos. in SLP(C)NO. 16781 of 2011 (Applications for impleadments) AND INTERLOCUTORY APPLICATION No. 2 in SLP(C)NO. 17118 of 2011 (Application for impleadment) AND INTERLOCUTORY APPLICATION No. in SLP(C)NO. 17118 of 2011 (Application for impleadment) AND INTERLOCUTORY APPLICATION No. 4 in SLP(C)NO. 233 of 2013 (Application for expunging the instant matter from SLP(C) No. 15163 of 2009) AND INTERLOCUTORY APPLICATION No. 5 in SLP(C)NO. 233 of 2013

(Application for directions)

Swami Dhyanananda P.T.T. Inst. & Ors. ... Petitioners Versus Amar Seth & Ors. ... Respondents

OFFICEREPORT

The matter above mentioned were listed before the Hon'ble Court on different dates when the Hon'ble Court was pleased to direct issue of notice in all the matters.

AND all the matters abovementioned were again listed before the Hon'ble Courton 10.10.2014 when the Court was pleased to pass the following order:

"List the matters after service and pleadings are complete.

Interim order granted earlier to continue until further order."

The service of notice in each of the matter is as under:

SLP(C) No.15163 of 2009:

The service of notice is complete on all the respondents and some of the respondents are represented through their Counsel.

It is submitted that Mr. Goodwill Indeevar, Advocateonrecord for the petitioner has died. The notice for making alternative arrangement was issued to the petitioners. AD cards duly signed have been received back from all the petitioners, but they have not entered their appearance so far.

It is further submitted that Mr. D.B. Vohra, Advocate who has filed an application for impleadment has expired. The notice for making alternative arrangement was issued to the impleading parties on 19.06.2015. But neither AD card nor the unserved registered covers containing notice have been received back, so far from both the impleading parties.

SLP(C) No.28977 of 2009:

It is submitted that there are 132 respondents in the matter. Mr. Chanchal Kr. Ganguly and Mr. Gopal Singh, Advocates have put in appearance on behalf of Respondent Nos. 85 & 120 respectively. The service of notice is complete on all respondents except Respondent Nos. 32, 36, 62 77, 117, 119, 125 and 131 though the fresh notice was ussyed on 08.04.2015.

It is further submitted that Mr. Goodwill Indeavor, Advocate for respondent nos.91,93 and 99 has expired. The notice for making alternative arrangement was issued to the said respondents. AD cards duly signed have been received back from respondent nos.91,93 & 99, but they have not entered their appearances, so far.

SLP(C) No.24234 of 2010:

There are 9 respondents in the matter. The service of notice is complete on Respondent Nos. 1, 2, 4, 69. M/s Avijit Bhattacharya, Shibashish Misra and Anip Sachthey,

Advocates have put in appearance on behalf of Respondent Nos. 12, 4 and 7 respectively. But neither AD cards nor the unserved registered cover containing notice has been received back from Respondent No. 3.

It is submitted that Mr. Goodwill Indeever, Advocate for Respondent No. 5 has died. Notice for making alternative arrangement was issued to Respondent No. 5. But neither AD card nor the unserved registered cover containing notice has been received back so far.

SLP(C) No.16767 of 2011:

There are 3 respondents in the matter. Respondent No.1 is contesting respondent and he is represented through Mr. Kunal Chatterji, Advocate. Respondent Nos. 2 & 3 are proforma respondents and they have been duly served by publication of notice in the News papers, but they have not entered their appearance so far. The service of notice is complete.

SLP(C) No.16768 of 2011:

There are 6 respondents in the matter. Respondent No. is represented through Mr. Sarad Kr. Singhania, Advocate. Respondent No.6 has been served by registered AD post and Respondent Nos. 2 to 5

have been served by publication of notice in the News papers, but they have been entered their appearance so far. The service of notice is complete.

SLP(C) No.16781 of 2011:

There are 33 respondents in the matter. Respondent Nos. 1 to 31 are represented through Mr. Arup Banerjee, Advocate. Respondent Nos. 32 and 33 have been duly served by publication of notice in the News

Papers, but they have not entered their appearance so far. The service of notice is complete.

SLP(C) No.16924 of 2011:

There are 3 respondents in the matter. Respondent No.1 is represented through Mr. Bijan Kr. Ghosh, Advocate.

4

Respondent Nos. 2 & 3 have been duly served by publication of notice in the News Papers, but they have not entered their appearance so far. The service of notice is complete.

SLP(C) No.16929 of 2011:

There are 22 respondents in the matter. Respondent Nos.1, 3 and 17 are represented through Mrs. Sarla Chandra, Advocate. Respondent Nos. 2, 46, 8, 9, 11, 12, 15 to 19, 21 and 22 have been duly served by registered AD post, but they have not entered their appearance so far. Respondent Nos. 7, 10, 13, 14 and 20 have been duly served by publication of notice in the News Papers, but they have not entered their appearance so far. The service of notice is complete.

SLP(C) No.16936 of 2011:

There are 3 respondents in the matter. Respondent No.1 is represented through Mr. Bijan Kr. Ghosh, Advocate. Respondent Nos. 2 & 3 have been duly served by publication of notice in the News Papers, but they have not entered their appearance so far. The service of notice is complete.

SLP(C) No.17118 of 2011:

There are 76 respondents in the matter. Respondent No.1 is represented through Mr. Arup Banrjee, Advocate. Respondent Nos. 36, 8, 12, 13, 16, 17, 18, 23, 24, 25, 2730, 31, 33, 36, 40, 42, 44, 45,

46, 49, 50, 53, 54, 57, 5861, 63, 64, 6571 and 74 have been duly served by registered AD post and Respondent Nos. 2, 7, 911, 14, 15,

1922, 26, 32, 34, 35, 3739, 41, 43, 47, 78, 51, 52, 55, 56, 62, 72, 73, 75 and 76 have been duly served by publication of notice in the News Papers, but they have not entered their appearance so far. The service of notice is complete.

SLP(C) No.233 of 2013:

There is a sole respondent in the matter and he is represented through Mr. Subhashish Bhowmick, Advocate. The service of notice is complete.

Hence, all the matters are listed before the Hon'ble Court with this Office Report.

Dated this the 31st day of July, 2015.

ASSISTANT REGISTRAR

Copy to: Mr. Mithilesh Kr. Singh, Advocate Mr. Gopal Singh, Advocate Mrs. Sarla Chandra, Advocate Ms. Abha Jain, Advocate Mr. Anip Sachthey, Advocate Mr. Arup Banerjee, Advocate Mr. K.L. Janjani, Advocate Mr. Bijan Kr. Ghosh, Advocate Ms. Bharti Tyagi, Advocate Mr. Sarad Kr. Singhania, Advocate Mr. Subhashish Bhowmick, Advocate Mr. Kunal Chatterji, Advocate Mr. Shibashish Mishra, Advocate Mr. Amit Pawan, Advocate Mr. Avijit Bhattacharjee, Advocate

ASSISTANT REGISTRAR

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