Patel Mohammed Yaseen Mohammed Arif vs. Union Of India
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
28 Nov 2013
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Order Text
LISTING ON 21.01.2014 COURT NO. 8 ITEM NO.102
SEC.IVA
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
PETITIONS FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 7295-7298 OF 2011 WITH PRAYER FOR INTERIM RELIEF
Inamdar Syyad Peersab Aminsab & Ors. ...Petitioners -VERSUS-
Maamtaz Begum & Ors. ...Respondents
OFFICE REPORT
The matters above mentioned were listed before the Hon'ble Court on 04.03.2011 with an Office Report dated 02.03.2011, when the Court was pleased to pass the following Order:
"Delay condoned. Issue notice. Tag with C.A.No.5680 of 2009.
In the meantime, the respondent Bank shall remain restrained from proceeding further under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002), as far as the petitioners are concerned.
Let this matter appear along with C.A.No.5680 of 2009, on 29th March, 2011, for directions.''
Service of show cause notice is complete.
Thereafter, the matter above mentioned was listed before the Hon'ble Court on 29.03.2011 alongwith connected matters, when the Court was pleased to pass the following Order:
"This is a batch of matters in which Civil Appeal no. 5630 of 2009 is also included.
Learned Counsel appearing for the appellants and the bank submits that the parties have resolved their disputes in Civil Appeal no. 5630 of 2009 and the appellants do not, therefore, wish to press the appeal. The aforesaid appeal, is accordingly, dismissed as not pressed.
From the Office Report dated 28th March, 2011, it appears that in Civil Appeal nos. 5685 of 2009 and 5686 of 2009, service is not yet complete. Let the said appeals be de-tagged from these batch of appeals and the let the same be listed separately once the service is complete.
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Learned counsel appearing for the appellant in Civil Appeal No. 5689 of 2009 submits that she has taken steps for the original records to be brought from the High Court and that the same are likely to be received by this Court within a week from that date.
Having regard to the above, let these batch of appeals, except for Civil Appeal Nos. 5685 of 2009 and 5686 of 2009, be listed for final disposal on 20th July, 2011, at the top of the list."
Thereafter, the matters above mentioned were listed before the Hon'ble Court on 27.08.2013 with an Office Report dated 26.08.2013 alongwith connected matters, when the Court was pleased to pass the following Order:
"CIVIL APPEAL NO. 5689 OF 2009
Learned counsel for the appellant seeks permission to withdraw the civil appeal. Permission is granted. Consequently, the civil appeal is dismissed as withdrawn."
It is submitted that Mr. H. Chandra Shekhar, Advocate has filed vakalatnama/appearance on behalf of petitioner viz Manjula Hiremath (in SLP (C) No. 7296/2011) but the same is defective as he has not taken 'No Objection Certificate' from erstwhile Advocate Mr. Debasis Misra.
The matters are listed before the Hon'ble Court with this Report.
Dated this the 20th day of January, 2014.
ASSISTANT REGISTRAR
COPY TO:Mr. Debasis Misra, Advocate Ms. N.Annapoorani, Advocate Mr. S.N.Bhat, Advocate
ASSISTANT REGISTRAR
$SK/-$