Listed on 14.12.2015 Before Court No. 2 Item No. 40

SECTION : XIV

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 31726/2012

WITH

PRAYER FOR INTERIM RELIEF

AND

INTERLOCUTORY APPLICATION NO. 6

(Application for intervention filed by Mr. Sarvesh Singh, Advocate)

UNION OF INDIA AND ORS Petitioners

VERSUS

M/S ASHOKA ESTATE PVT LTD AND ORS Respondents

OFFICE REPORT

The matter above mentioned was listed before Hon'ble Court on 22.08.2014, when the court was pleased to pass the following order:-

"Respondent No. 10 - Vishwa Nath is reported to have died. We are informed that his estate is represented by respondent No. 8 – Aruna Devi, respondent No. 9 – Anil Nath, respondent No. 11 - Ajay Nath, respondent No. 14 – Prabha Nath and respondent No. 17 – Arti Nath.

Since the estate of the deceased respondent No. 10 is represented, we direct that the name of respondent No. 10 be struck off from the array of parties.

Mr. Vanshdeep Dalmia, learned counsel, appears for petitioner No. 5 - Dewan Chand Builders (Pvt) Ltd. and submits that, as a matter of fact, petitioner No. 5 has not joined the other petitioners as it is supporting the decision of the High Court impugned in the present special leave petition.

The statement made by learned counsel for the petitioner No. 5 is not controverted by Mr. Maninder Singh, learned Additional Solicitor General appearing for petitioner Nos. 1 to 4.

We, accordingly, direct the advocate-on-record for petitioner Nos. 1 to 4 to transpose petitioner No. 5 - Dewan Chand Builders (Pvt) Ltd. as one of the respondents.

Let amended cause title be filed to the above effect within two weeks.

Office to proceed further accordingly. Rejoinder, if not filed so far, may be filed by the petitioners within four weeks. List the matter thereafter."

It is submitted that in view of aforesaid order, name of Respondent No. 10 has been struck off from the array of parties and name of Petitioner No. 5 has been made as Respondent No. 18. Accordingly Cause Title has been amended and included in SLP Paper Books.

It is further submitted that Mr. Hrishikesh Baruah, Advocate has filed Vakalatnama/Appearance on behalf of Respondent No. 18 but not filed Counter Affidavit so far. Counsel for the petitioner has not filed Rejoinder Affidavit so far.

It is further submitted that Mr. Sarvesh Singh, Advocate has on 09.12.2015 filed application for intervention to intervene the applicant viz Kailash Nath & Associates as intervenor (registered as I.A. No. 6) and the same is being circulated herewith.

Thereafter the matter was mentioned before the Hon'ble Court on 03.12.2015, when the Court was pleased to pass the following order:-

"Matter to retain its position on the scheduled date."

Service is complete.

The matter alongwith application above-mentioned is listed before the Hon'ble Court with this Office Report.

DATED THIS THE 12th DAY OF DECEMBER, 2015.

ASSISTANT REGISTRAR

Copy to:- 1. Ms. Sushma Suri, Adv. 2. Ms. Aishwarya Bhati,Adv. 3. Mr. Hrishikesh Baruah, Adv.

ASSISTANT REGISTRAR

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