Satilila Sehkari Awas Samiti Ltd vs. Union Of India & Ors Etc. Etc

Court:Supreme Court of India
Judge:Hon'ble Madan B. Lokur
Case Status:Disposed
Order Date:9 Mar 2016
CNR:SCIN010373972015

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Order Issued After Hearing

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Case Registered

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22 Jan 2016

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SECTION XVII

MATTER FOR : 9.3.2016 R/Court No. : 1 ITEM NO. : 85 IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5618 OF 2015

WITH

CIVIL APPEAL NOS. 71917192 OF 2015, 71937194 OF 2015, 9108 OF 2015, 91249125 OF 2015, 1384213843 OF 2015, 1384413845 OF 2015

Satilila Sehkari Awas Samiti Limited .... Appellants VERSUS Union of India & Ors. Etc. etc. ... Respondents

OFFICE REPORT

Civil Appeal No. 5618/2015

The matter above mentioned was listed before the Ld. Registrar Court on 22nd Janauary, 2016, when the following order was passed:

"The respondent Nos. 1, 6, 8 and 9 have failed to file the counter affidavit within the period stipulated under the rules. Service of notice is complete on the respondent Nos. 2, 3 & 7 but no one has entered appearance on their behalf.

Mr. D.L. Chidananda, Ld. Counsel for the petitioner has filed an application for directions, which is found to be defective. Ld. Counsel shall cure the defects within four weeks.

List the matter again on 09.03.2016,"

It is submitted that service of the matter is complete. Respondent No. 1 has filed reply affidavit but rest of the served respondent has filed to filed counter affidavit. Counsel for the Appellant has not taken any steps on the defective application for directions so far.

Civil Appeal Nos. 71917192/2015 and 71937194/2015

The matters above mentioned were listed before the Ld. Registrar Court on 18th January, 2016, when the Court was pleased P/...2 to pass the following order:

"The respondent Nos. 1 & 6 shall be at liberty to file the counter affidavit within a period of four weeks. Four weeks time as last chance is given to the respondent Nos. 2 & 4 to file the counter affidavit.

Ld. Counsel for the petitioner is directed to take fresh steps in respect of respondent Nos. 3, 5 & 79 within four weeks.

List the matter again on 02.03.2016."

It is submitted that Mr. TVS Raghvenra Sreyas, Advocate has filed reply affidavit on behalf of respondent No. 1 but counsel for the Respondent Nos.2,4 and 6 have not filed counter affidavit so far. Counsel for the Appellant has not filed spare copies of petition in CA Nos. 71937194 of 2015, Hence fresh common show cause notice could not be issued. Service of show cause notice in the matters is incomplete.

Civil Appeal Nos. 9108/2015 AND 91249125/2015

The matters above mentioned were listed before the Ld. Registrar Court on 4th January, 2016, when the Court was pleased to pass the following order:

"CA NO. 9108/2015"

"Four weeks' time, as last opportunity, is granted to respondent No. 1 for filing counter affidavit. Await service on respondent Nos. 2 to 9. CA NO. 91249125/2015 "Four weeks' time, as last opportunity, is granted to respondent Nos. 1 and 6 for filing counter affidavit. Await service on respondent Nos. 2 to 5 and 7 to 9. List again on 29.2.2016

CA No. 9108/2015

It is submitted that Mr. TVS Raghvendra Sreyas, Advocate has filed reply affidavit on behalf of respondent No. 1. Neither A.D. cards nor unserved covers have been received back in respect of respondent No. 2 to 9 so far.

P/...3

2

CA NOs. 91249125/2015"

It is submitted that there are nine respondents in both the appeals. Mr. TVS Raghvendra Sreyas has filed vakalatnama and counter affidavit on behalf of common respondent No. 1. Mr. Rajesh Kumar, Advocate has not filed counter affidavit on behalf of Respondent No. 6 so far. Neither A.D. cards nor unserved covers have been received back in respect of respondent Nos. 2 to 5 and 7 to 9 so far. Service of show cause notice in the matters is incomplete.

Civil Appeal Nos. 1384213843/2015 and 1384413845/2015

The matters above mentioned were listed before the Hon'ble Court on 23rd November, 2015, when the Court was pleased to pass the following order:

"Delay condoned. Notice.

In the meantime, the operation of the impugned judgment(s) and order(s) passed by the National Green Tribunal, Principal Bench, New Delhi in Original Application No. 37 of 2015, dated 07.07.2015 and in Miscellaneous Application No. 697 and 696 of 2015, dated 01.9.2015 shall remain stayed. We may note that aforementioned order of stay is qua the present appellant only.."

Accordingly, show cause notice was issued to nine respondents in all appeals on 9th December, 2015 through registered A.D. post. M/s. TVS Raghvendra Sreyas and Rajesh Kumar, Advocates have filed vakalatnama on behalf of common respondent Nos. 1 and 5 but they have not filed counter affidavit so far. Neither A.D. cards nor unserved covers have been received back in respect of respondent Nos. 2 to 4and 6 to 9 so far. Service of show cause notice in the matters is incomplete.

The matters abovementioned are listed before the Ld. Registrar Court with this office report.

DATED THIS THE 20TH DAY OF JANUARY, 2016.

ASSISTANT REGISTRAR

Copy to: Mr. Kumar Duashyant Singh, Advocate Mr. Rakesh K. Sharma, Advocate Mr. TVS Raghvendra Sreyas, Advocate Mr. R. Chandrachud, Advocate Ms. Rohini Musa, Advocate

ASSISTANT REGISTRAR

HARISH/8

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