Gokul Patnaik vs. Union Of India Through Its Secretary Ministry Of Finance (Department Of Revenue)

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ITEM NO.6 COURT NO.2 SECTION PIL S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 267/2012 MADRAS BAR ASSOCIATION Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (with office report) (For final disposal) WITH SLP(C) No. 35248/2012 (With appln.(s) for substitution and Interim Relief and Office Report) W.P.(C) No. 1072/2013 (With appln.(s) for directions and Office Report) SLP(C) No. 7219/2014 (With appln.(s) for directions and appln.(s) for exemption from filing c/c and Interim Relief) Date : 16/12/2014 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr.Arvind P.Datar, Sr. Adv. Mr. Nikhil Nayyar,Adv. Mr. Dhananjay Baijal, adv. Ms.Akansha, Adv. Mr. Garvesh Kabra,Adv. Ms. Pooja Kabra, Adv. Signature Not Verified Digitally signed by For Respondent(s) Shashi Sareen Date: 2014.12.17 10:48:31 ALMT Mr. K.Radhakrishnan, Sr. Adv. Reason: Ms. Rekha Pandey, Adv. Ms. Binu Tamta, Adv. Mr. B. V. Balaram Das,Adv. Ms. Sushma Suri,Adv. 2 Mr. Sanjay Kapur,Adv. Ms.Daisy Hannah, Adv. Mr.Anmol Chandan, Adv.

Ms. Aishwarya Bhati,Adv.

Mr. Ansshuman, Adv. Ms. Madhurima Ghosh, Adv. Ms. Neha Meena, Adv. UPON hearing the counsel the Court made the following O R D E R W.P.(C) No. 267 of 2012:

Although the respondents have already filed a short counter affidavit to this writ petition. Mr. K.Radhakrishnan, learned senior counsel seeks leave to supplement the same suitably. He is permitted to file a further affidavit in reply to the writ petition within two weeks with a copy to the counsel opposite who shall have 10 days thereafter to file a rejoinder if so advised. In view of the importance of the issues that arise for consideration, this matter shall be posted for hearing before a three Judges Bench.

I.A. No. 3 in W.P.(C) No. 1072 of 2013:

The petitioner prays for permission to amend Writ Petition No. 1072 of 2013 so as to raise certain additional grounds and also to amend the prayer. Mr. K.Radhakrishnan does not oppose the prayer subject to his being given an opportunity to file a counter affidavit to the amended writ petition. We accordingly allow this application and permit the petitioner-Association to file an amended petition raising additional grounds 3

and making an additional payer as indicated in the application within two weeks from today. Mr. Radhakrishnan shall be free to file a counter affidavit to the amended petition within two weeks thereafter. Rejoinder affidavit shall be filed within two weeks from the date the counter affidavit is filed.

Post for hearing before a three Judges Bench along with W.P. (C) No. 267 of 2012.

SLP(C) No. 35248 of 2012:

Respondent to file their counter affidavit within three weeks. Rejoinder, if any, be filed within two weeks thereafter.

Post on 10.02.2015 along W.P.(C) No. 267 of 2012 and 1072 of 2013.

(Shashi Sareen) (Renuka Sadana) Court Master Court Master