Haji Mohd. (D) Through Lrs vs. Union Of India And Ors. Through General Manager

Court:Supreme Court of India
Judge:Hon'ble Madan B. Lokur
Case Status:Disposed
Order Date:4 May 2016
CNR:SCIN010365362012

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11 Jan 2013

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MATTER FOR : COURT NO. ITEM NO_____

SECTION-XV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2202-03 of 2013 WITH INTERLOCUTORY APPLICATION NOS.7-8 & 9-10 (Applications for Impleadment) WITH PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS .20156,21220,24908, 23872, 24944, 24923, 24922, 31983, 35934, 36527 and 36923/2012, 9504,1484,1486,1387 & 8230/2013 AND SLP...CC 5283/2014 WITH PRAYER FOR INTERIM RELIEF

STATE OF RAJASTHAN & ORS. ETC. ...APPELLANTS

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

OFFICE REPORT

The matters above-mentioned were listed before the Hon'ble Court on 16.04.2015 when Court was pleased to pass the following order:

"List these matters in the month of August, 2015."

CIVIL APPEAL NO. 2202-2203 of 2013

It is submitted that there are 24 Respondents in Civil Appeal No. 2202/13 and 6 respondents in Civil Appeal No. 2203/13. Common Respondent Nos. 1 to 4 are represented through Mr. S.N. Terdal, Advocate. Respondent No. 5 has been served but no one has entered appearance so far. Respondent Nos. 6 to 24 are deleted from the array of Parties vide Court's order dated 23.07.2012.

Service is complete.

It is lastly submitted that Mrs. K.V. Bharathi Upadhyaya, Advocate has on 8.1.2013 filed two separate applications for impleadment as party respondents with affidavit which are regd. as I.A. Nos. 7-8 and 9-10 listed before Court on 1.3.2013. Court has directed to considered the applications at the time of final hearing of the appeals.

SLP(C) No.20156/2012

It is submitted that in pursuance to court's order dated 23.07.2012 show cause notice was issued to all the ten respondents through registered AD Post. All the respondents are represented through advocates and counter affidavit has been filed on behalf of them.

It is further submitted that Counsel for the petitioner has on 27.08.2014 filed application for stay alongwith application for exemption for fling O/T which are registered as Interlocutory Application Nos. 1 and 2.

It is lastly submitted that Counsel for the petitioner has on 30.07.2015 filed application for permission to file additional documents with affidavit and application for exemption from filing O/T which are registered as Interlocutory Application Nos. 3 and 4. Copy of the same has been circulated with this Office Report.

Service is complete

SLP(C) No.21220/2012

It is submitted that in pursuance to court's order dated 23.07.2012 show cause notice was issued to all the eleven respondents through registered AD Post. Mr. S.N. Terdal, Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 1-5. Mr. Irshad Ahmad Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 6-7. (Copy of the same has already been included in the paper books). A.D cards duly signed have been received back from Respondent Nos. 9 and 10 but no one has entered appearance. Neither AD Card nor unserved cover have been received back from Respondent Nos. 8 and 11. Respondents Nos. 8 and 11 are common in Special Leave Petition No. 20156/2012 and served in that matter. Service may be treated as complete.

It is further submitted that Counsel for the petitioner has on 27.08.2014 filed application for stay alongwith application for exemption for fling O/T with affidavit which are registered as Interlocutory Application Nos. 4 and 5.

It is lastly submitted that M/s. Equity Lex Associates, Advocates for the Petitioners has on 03.12.2014 filed Rejoinder Affidavit and Application for exemption from filing Official Translation which is registered as Interlocutory Application No.6.

SLP(C) No.24908/2012

It is submitted that in pursuance to court's order dated 13.08.2012 show cause notice was issued to all the Twelve respondents through registered AD Post. Mr. S.N. 1Terdal, Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 1-5 and 8 to 10. Ms. Ruchi Kohli, Advocate has filed counter affidavit on behalf of Respondent Nos. 6-7 and 11 and 12 but she has not filed Vakalatnama and Memo of appearance. (Copy of the same has already been included in the paper books). Mr. S. K. Sinha, Advocate for the petitioner has on 02.12.2014 filed rejoinder affidavit to the counter affidavit filed on behalf of respondent No. 1. (Copy of the same has been circulated with this office report).

Service is complete.

It is submitted that in pursuance to court's order dated 13.08.2012 show cause notice was issued to all the Twelve respondents through registered A. D Post. Mr. S.N. Terdal, Advocate has filed Vakalatnama/appearance and counter affidavit on behalf of Respondent Nos. 1-5. Ms. Ruchi Kohli, Advocate has filed Vakalatnama/appearance and counter affidavit on behalf of Respondent Nos. 6-8 and 10, 11 & 12. Mr. S. K. Sinha, Advocate for the petitioner has on 02.12.2014 filed rejoinder affidavit to the counter affidavit filed on behalf of respondent No. 1.

It is further submitted that Mr. S. K. Sinha, Advocate for the petitioner has on 23.07.2015 filed an application for permission to bring on record additional documents alongwith affidavit and Annexures which is registered as I.A. NO. 4 ( Copy of the same has already been included in the paper books.)

Service is complete in respect of Respondent No. 9 through Dasti but no one has entered appearance on his behalf so far.

SLP(C) No.24944/2012

It is submitted that in pursuance to court's order dated 13.08.2012 show cause notice was issued to all the Twelve respondents through registered AD. Mr. S.N. Terdal, Advocate has filed Vakalatnama/appearance and counter affidavit on behalf of Respondent Nos. 1-5. Ms. Ruchi Kohli, Advocate has filed Vakalatnama/appearance on behalf of respondent Nos. 6 and 7 but filed counter affidavit on behalf of Respondent Nos. 6-8, 10-12. A.D card duly signed has been received back from Respondent No. 12 but no one has entered appearance on his behalf so far. Mr. S. K. Sinha, Advocate for the petitioner has on 02.12.2014 filed rejoinder affidavit to the counter affidavit filed on behalf of respondent No. 1.

Service is complete in Respondent No. 9 common in other connected matters through Dasti.

SLP(C) No.24923/2012

It is submitted that in pursuance to court's order dated 13.08.2012 show cause notice was issued to all the Twelve respondents through registered AD post. Mr. S.N.Terdal,Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 1-5. Ms. Ruchi Kohli, Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 6-12. (Copy of the same has already been included in the paper books). Mr. S. K. Sinha, Advocate for the petitioner has on 02.12.2014 filed rejoinder affidavit to the counter affidavit filed on behalf of respondent No. 1. (Copy of the same has been circulated with this office report).

Service is complete.

SLP(C) No.24922/2012

It is submitted that in pursuance to court's order dated 13.08.2012 show cause notice was issued to all the Twelve respondents through registered AD post. Mr. S.N. Terdal, Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 1-5 and 8 to 11. Ms. Ruchi Kohli, Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 6-7. A.D cards duly signed has been received back from Respondent No. 12 but no one has entered appearance on his behalf so far.

Service is complete.

SLP(C) No.31983/2012

It is submitted that in pursuance to court's order dated 15.10.2012 show cause notice was issued to all the Twelve respondents through registered AD post. Mr. S.N. Terdal, Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 1-5 and 9. Ms. Ruchi Kohli, Advocate has filed Vakalatnama on behalf of Respondent Nos. 6-7 and counter affidavit on behalf of Respondent Nos. 6-8, 10-12 but she has not filed vakalatnama and memo of appearance on behalf of respondent Nos. 8, 10-12 so far.

Service is complete.

SLP(C) No.35934/2012

It is submitted that in pursuance to court's order dated 23.11.2012 show cause notice was issued to all the eleven respondents through registered AD post. Mr. S.N. Terdal, Advocate has filed Vakalatnama on behalf of respondent Nos. 1-5 & 8-10 but counter affidavit has been filed only on behalf of respondent No. 1 (Union of India). Ms. Ruchi Kohli, Advocate has filed counter affidavit on behalf of Respondent Nos. 6-8 and 10-11 but she has not filed vakalatnama and memo of appearance on behalf of respondent Nos. 6-8 and 10-11. Service is complete in respect of Respondent No.9 through dasti but no one has entered appearance so far.

SLP(C) No.36527/2012

It is submitted that in pursuance to court's order dated 26.11.2012 show cause notice was issued to all the eleven respondents through registered AD post. Mr. S.N. Terdal, Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 1-5. Ms. Ruchi Kohli, Advocate has filed Vakalatnama and counter affidavit on behalf of Respondent Nos. 6 to 8, 10 and 11. Service is complete in respondent No. 9 through dasti but no one has entered appearance.

Service is complete.

SLP(C) No.36923/2012

It is submitted that in pursuance to court's order dated 26.11.2012 show cause notice was issued to all the eleven respondents through registered AD post. Mr. S. N. Terdal, Advocate has filed Vakalatnama and counter affidavit on behalf of respondent Nos. 1-5 and 8-10 Ms. Ruchi Kohli, Advocate has filed Vakalatnama/memo of appearance and counter affidavit on behalf of respondent Nos. 6, 7 and 11.

Service is complete.

SLP(C) No.9504/2013

It is submitted that in pursuance to court's order dated 22.02.2013 show cause notice usual as well as dasti notice was issued to all the twelve respondents through registered AD Mr. S.N. Terdal, Advocate has filed Vakalatnama & memo of appearance and counter affidavit on behalf of Respondent Nos. 1-5 and 8-9. (Copy of the same has already been included in the paper books). Ms. Ruchi Kohli, Advocate has filed Vakalatnama & memo of appearance on behalf of Respondent Nos. 6-7 but has not filed counter affidavit so far. AD card duly signed by respondent No. 10 and 11 have been received but no one has entered appearance on their behalf. AD Card has been received back on behalf of Respondent No. 12.

Service is complete on common Respondent No.12 on other connected matters.

It is submitted that Ms. Madhurima Tatia, Advocate the Petitioner has filed application for directions and the same was listed before Hon'ble Court on 07.11.2014 when the Court was pleased to pass the following Order:

"Issue notice on I.A. No.2 of 2014 returnable on 17.11.2014. Connect with SLP (C) No. 20156 of 2012"

It is further submitted that the notice in I.A.No.2 was issued to all the twelve respondents through Advocates for the parties, but no reply has been filed by the Counsels, so far.

LASTLY the matter was listed before the Hon'ble Court on 17.11.2014 when the Court was pleased to pass the following Order:

"Four weeks' time is granted to file reply to IA 2/2014. List thereafter."

It is submitted that Mr. S.N. Terdal, Advocate for the Respondent Nos. 1-5 and 8-9 has on 13.12.2014 filed Counter Affidavit on behalf of Respondent No. 1. Ms. Madhurima Tatia, Advocate has filed on 09.05.2015 rejoinder affidavit on behalf of the

petitioner to the counter affidavit filed by respondent No. 1 in I.A. No. 2 along-with application for exemption from filing official translation. Documents are being circulated with this office report.

SLP(C) No.8230/2013

It is submitted that in pursuance to court's order dated 22.02.2013 show cause notice usual as well as dasti notice was issued to all the twelve respondents through registered AD post. Mr. S.N. Terdal, Advocate has filed Vakalatnama & memo of appearance and counter affidavit on behalf of Respondent Nos. 1-5 and 8-9. (Copy of the same has already been included in the paper books). Ms. Ruchi Kohli, Advocate has filed Vakalatnama & memo of appearance on behalf of Respondent Nos. 6-7 but has not filed counter affidavit so far. AD card duly signed by respondent No. 10 and 11 have been received but no one has entered appearance on their behalf. Neither AD Card nor unserved cover has been received back on behalf of Respondent No. 12.

Service is complete on common Respondent No.12 on other connected matters.

SLP (C) Nos. 1484 and 1486/2013

It is submitted that in pursuance to court's order dated 11.01.2013 show cause notice was issued to all the eleven respondents in both the matters through registered AD post. Mr. S.N. Terdal, Advocate has filed Vakalatnama & memo of appearance and counter affidavit on behalf of Respondent Nos. 1-5 and 9. Ms. Ruchi Kohli, Advocate has filed Vakalatnama & memo of appearance and counter affidavit on behalf of Respondent Nos. 6-8 and 10-11. (Copy of the same has already been included in the paper books). Counsel for the petitioner has filed an affidavit of dasti service in respect of all the respondents.

Service is complete in both the matters.

SLP(C) No.1387/2013

It is submitted that in pursuance to court's order dated 11.01.2013 show cause notice usual as well as dasti notice was issued in respect of common respondent Nos. 1-11 (common in SLP No. 9504/2013). Mr. S.N. Terdal, Advocate has filed Vakalatnama &

memo of appearance and counter affidavit on behalf of Respondent Nos. 1-5 and 8-9. Ms. Ruchi Kohli, Advocate has filed Vakalatnama & memo of appearance and counter affidavit on behalf of Respondent Nos. 6-7 and 10-11. (Copy of the same has already been included in the paper books). Counsel for the petitioner has filed an affidavit of dasti service in respect of all the respondents. Service is complete.

It is submitted that in pursuance of Hon'ble Court's order dated 07.04.2014 the instant matter is tagged with C.A. Nos. 2202-03/2013. Mr. S. N. Terdal, Advocate has filed Vakalatnama and memo of appearance on behalf of respondent Nos. 1 to 5 & 9 and also filed Counter Affidavit on behalf of Respondent Nos. 1 & 9, Counsel for the Petitioner has filed Rejoinder Affidavit to the Counter Affidavit filed by Respondent No.1. Mr. Milind Kumar, Advocate has filed Vakalatnama and Memo of appearance on behalf of Respondent Nos. 6 & 7. Counter Affidavit is awaited. Copies of the same are being circulated herewith.

The matters above-mentioned are listed before the Court with this office report. Dated this the 6th day of February, 2016.

ASSISTANT REGISTRAR

Copy to: l Mr. S.N. Terdal, Adv. Ms. Ruchi Kohli, Adv. Ms. K.V. Bharathi Upadhyaya, Adv. Mr. B.V. Balaramdas, Adv. Mr. Naresh Kumar, Adv. Mr. Shreekant N. Terdal, Adv Mr. Irshad Ahmad, Adv. Mr. S. K. Sinha, Adv. Mr. Pragati Neekhra, Adv. M/s. Equity Lex Associates, Adv. Ms. Madhurima Tatia, Adv.

ASSISTANT REGISTRAR

3/d/or

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