State Of Orissa vs. Nabakishore Swain

Court:Supreme Court of India
Judge:Hon'ble Adarsh Kumar Goel
Case Status:Disposed
Order Date:18 Jan 2016
CNR:SCIN010383832010

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Order Issued After Hearing

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Case Registered

Listed On:

13 Jan 2011

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Section XIA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos. 9054, 9055, 9056, 9057, 9058, 9060, 11163 OF 2014 AND 21084 OF 2015 WITH PRAYER FOR INTERIM RELIEF.

STATE OF ORISSA …...PETITIONER

VERSUS

DEBACHARAN CHHATTAR & ORS. …...RESPONDENT

OFFICER REPORT

The matters above mentioned were listed before the Ld. Registrar on 15th

October, 2015, when she was pleased to pass the following Order:

"SLP(C) No. 9054/2014

Among 53 respondents herein, counter affidavit on behalf of respondent nos. 1 to 6,8,9,11,13 to 19, 21 to 25, 27,29,30 to 35, 36 to 38, 40 to 47, 50 to 53 is yet to be filed. Be filed within four weeks time as last opportunity.

For the remaining respondents, ld. counsel for the petitioner to take fresh steps within four weeks time. Notices thereafter be issued.

SLP(C) No. 9055/2014

All three respondents among 53 respondents who have entered appearance have yet to file counter affidavit. Be filed within four weeks time as last opportunity.

Respondent Nos. 7 and 23 are reported to have expired. Ld. Counsel for the petitioner to take steps to substitute the legal representatives.

Respondent Nos. 2,5,13,24,28,29,38 and 49 are yet to be served. Ld. counsel for the petitioner to take fresh steps within four weeks time. Notices thereafter be issued.

SLP(C) No. 9056/2014

Respondent nos. 6,7,11,16,19,23,30,42 and 48 are not served. Ld. counsel for the petitioner to take fresh steps within four weeks time. Notices thereafter be issued.

Remaining all respondents have yet to file counter affidavit. Be filed within four weeks time as last opportunity.

SLP(C) No. 9057/2014

Service upon respondent no.27 is complete but none has entered appearance.

2

Respondent nos. 10,30,34,42,46,47 and 50 are not served. Ld. Counsel for the petitioner to take fresh steps within four weeks time. Notices thereafter be issued.

Remaining all respondents are yet to file counter affidavit. Be filed within four weeks time as last opportunity.

SLP(C) No. 9058/2014

Service upon respondent no.9 is complete but none has entered appearance.

Respondent nos. 1,25,26,38,41,42,47 and 50 are yet to be served. Ld. counsel for the petitioner to take fresh steps within four weeks time. Notices thereafter be issued.

Remaining all respondents have yet to file counter affidavit. Be filed within four weeks time as last opportunity.

SLP(C) No. 9060/2014

Petitioner still to take fresh steps to effect service on respondent nos. 1,5,9,12 to 16, 19,21,23,27, 31,34,35, 39,43,46 and 48. Be taken within four weeks time. Notices thereafter be issued.

Remaining all respondents have yet to file counter affidavit. Be filed within four weeks time as last opportunity.

SLP(C) No. 11163/2014

Service upon respondent no.5 is complete but none has entered appearance.

Fresh steps are yet to be taken within four weeks time in respect of respondent nos. 1,3,4,9,10,13,21,23,26,30,38 and 48. Notices thereafter be issued.

Remaining all respondents have yet to file counter affidavit. Be filed within four weeks time as last opportunity.

SLP(C) NO.21084/2015

Service upon respondent no.1 is complete but none has entered appearance.

For respondent no.2, ld. counsel for the petitioner to take fresh steps within four weeks time. Notice thereafter be issued.

List again on 18.1.2016.

SLP (C) Nos. 9054 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 respondents. Counsel for Respondent Nos. 1 to 6, 8, 9, 11, 13 to 19, 21 to 25, 27, 29, 3035, 36 to 38, 40 to 47 and 50 to 52 have not filed Counter Affidavit so far. Counsel for the Respondent No. 53 has filed counteraffidavit. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 7, 10, 12, 20, 26, 28, 39, 48 & 49.

Service of notice is not complete on Respondent Nos. 7, 10, 12, 20, 26, 28, 39, 48 and 49.

SLP (C) Nos. 9055 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counsel for Respondent Nos. 1, 3, 4, 6, 8 to 12, 14 to 22, 25 to 27, 30 to 37, 39 to 48, 50 to 53 have not filed counter affidavit so far. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 2, 5, 13, 24, 28, 29, 38, 49 and also not filed application for substitution to bring on record the Lrs. of deceased Respondent Nos. 7 & 23.

Service of notice is not complete on Respondent Nos. 2, 5, 13, 24, 28, 29, 38, 49 and Lrs. of deceased Respondent Nos. 7 & 23.

SLP (C) Nos. 9056 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counsel for Respondent Nos. 1 to 5, 8 to 10, 12 to 15, 17, 18, 20 to 22, 24 to 29, 31 to 41, 43 to 47, 49 to 52 have not filed counter affidavit so far. Counsel for the Respondent No. 53 has filed counteraffidavit. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 6, 7, 11, 16, 19, 23, 30, 42 and 48.

Service of notice is not complete on Respondent Nos. 6, 7, 11, 16, 19, 23, 30, 42 and 48.

SLP (C) Nos. 9057 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counsel for Respondent Nos. 1 to 9, 11 to 26, 28, 29, 31, 32, 33, 35 to 41, 43, 44 to 45, 48, 49, 51 to 53 have not filed counteraffidavit so far. A.D.

card received in respect of Respondent No. 27. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 10, 30, 34, 42, 46, 47 and 50.

Service of notice is not complete on Respondent Nos. 10, 30, 34, 42, 46, 47 and 50.

SLP (C) Nos. 9058 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counsel for Respondent Nos. 2 to 8, 10 to 24, 27, 29 to 37, 39 to 40, 43, 44, 45, 46, 48, 49 and 51 to 52 have not filed counteraffidavit so far. Counsel for the Respondent No. 53 has filed counteraffidavit. A.D. card in respect of Respondent No. 9 has been received but no one entered appearance. Counsel for petitioner has not taken fresh steps against unserved Respondent Nos. 1, 25, 26, 38, 41, 42, 47, 50.

Service of notice is not complete on Respondent Nos. 1, 25, 26, 38, 41, 42, 47, 50.

SLP (C) Nos. 9060 OF 2014

It is submitted for the information of the Hon'ble Court that there are 53 Respondents. Counse for Respondent Nos. 2 to 4, 6 to 8, 10, 11, 17, 18, 20, 22, 24 to 26, 28 to 30, 32, 33, 36 to 38, 40 to 42, 44, 45, 47, 49 to 52 have not filed counter affidavit so far. Counsel for the Respondent No. 53 has filed counteraffidavit. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 1, 5, 9, 12, 13, 14, 15, 16, 19, 21, 23, 27, 31, 34, 35, 39, 43, 46, 48.

Service of notice is not complete on Respondent Nos.1, 5, 9, 12, 13, 14, 15, 16, 19, 21, 23, 27, 31, 34, 35, 39, 43, 46, 48.

SLP (C) No. 11163 OF 2014

It is submitted that notice was issued to all the 53 respondents. Counsel for Respondent Nos. 2, 6, 7, 8, 11, 12, 14, 15, 16, 17, 18, 19, 20, 22, 24, 25, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49 to 52 have not filed counteraffidavit so far. Counsel for the Respondent No. 53 has filed counteraffidavit. A.D. card in respect of Respondent No. 5 has been received but no one entered appearance. Counsel for the petitioner has not taken fresh steps against unserved Respondent Nos. 1, 3, 4, 9, 10, 13, 21, 23, 26, 30, 38, 48.

Service of notice is not complete on Respondent Nos.1, 3, 4, 9, 10, 13, 26, 30, 38, 48.

SLP (C) No. 21084 OF 2015

It is submitted that no one has entered appearance on behalf of Respondent No. 1 so far. Counsel for the petitioner has not taken fresh steps for effecting service on unserved Respondent No. 2 so far hence fresh show cause notice could not be issued to Respondent No. 2.

Service of show cause notice is not complete on Respondent No. 2

The matters abovementioned are listed before the Ld. Registrar with this Office Report.

Dated this the 14th day of January, 2016.

ASSISTANT REGISTRAR

Copy to:

    1. Mr. Shibashish Misra, Adv. (Supreme Court Bar Association)
    1. Ms. Kirti R. Mishra, Adv (203, C.K.D. Lawyer's Chambers)
    1. Ms. Savita Singh, Adv. (Bar Association)
    1. Mr. V.K. Monga, Adv. (Supreme Court Bar Association)
    1. M/s. Arti Singh Associates, Advs (126, Old Lawyers Chambers)
    1. Mr. T. K. Pradhan, Adv. (32 Lawyer's Chambers)

ASSISTANT REGISTRAR

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