SECTION - III

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 394, 392, 395, 396, 389 AND 1232 OF 2016 AND 35257 OF 2015. WITH PRAYER FOR INTERIM RELIEF

M/s Penguin Paper Plast Pvt. Ltd. . …..Petitioner

Versus

Commissioner of Commercial Taxes & Ors. ….Respondents

OFFICE REPORT

SLP (C) NOS. 394, 392, 395, 396, 389 OF 2016

The matters above-mentioned were listed before the Hon'ble Court on 4th January, 2016 when the Hon'ble Court was pleased to pass the following order:-

"Delay condoned. Issue notice on the special leave petition as also on the prayer for interim relief. Tag with SLP (C) No. 28309 of 2015."

SLP (C) 394 OF 2016

Accordingly, show cause notice was issued to sole Respondent on 18th January, 2016 through registsered A.D. Post. Mr. Shibashish Misra, Advocate has on 22nd February, 2016 filed Vakalatnama/Appearance on behalf of the sole respondent but has not filed Counter Affidavit so far.

SLP (C) NO. 392 OF 2016

Accordingly show cause notice was issued to sole respoont on 16th January, 2016 through registsered A.D. Post. Unserved cover containing the show cause notice was received back from the said respondent with the postal remarks "Factory closed, Left". Counsel for the Petitioner was asked vide this Registry's letter dated 2nd February, 2016 to take fresh steps for service of notice on the unserved sole respondent.

It is submited that as per the Order of the Ld. Registrar dated 9th February, 2016 , Dasti Notice was handed over to the Counsel for the Petitioner for effecting service on the unserved respondent. The Counsel for the Petitioner has on 17th March, 2016 filed Affidavit of Dasti Service stating therein that Chairman of the said Respondent Company has refused to accept the Dasti notice and the same was pasted on the factory premises of the said Company. Copy of the said Affidavit of Service is placed in the File.

SLP (C) 395 OF 2016

Accordingly, show cause notice was issued to both the Respondents on 16th January, 2016 through registsered A.D. Post. Ms. Uttara Babbar, Advocate has on 8th March, 2016 filed Vakalatnama/Appearance on behalf of Respondent No. 1 but has not filed Counter Affidavit on behalf of the said respondent so far. A.D. Card without signature has been received back from Respondent No.2.

SLP (C) NO. 396 OF 2016

Accordingly, show cause notice was issued to sole Respondent on 18th January, 2016 through registsered A.D. Post. A.D. card duly signed has been received back from the sole respondent but no one has filed Vakalatnama/Appearance on behalf of the said respondent so far.

SLP (C) NO. 389 OF 2016

Accordingly, show cause notice was issued to sole Respondent on 18th January, 2016 through registsered A.D. Post. Neither, A.D. Card nor unserved cover containing the show cause notice has been received back from the said respondent so far.

SLP (C) NO. 1232 OF 2016

The matter above-mentioned was listed before the Hon'ble Court on 11th January, 2016 when the Hon'ble Court was pleased to pass the following order:-

Delay condoned.

Issue notice returnable within eight weeks. There shall be interim stay of the impugned judgment and order dated 27.03.2015 passed by the High Court of Judicature at Madras in Writ Petition No. 27363 of 2012 till next date of hearing. Tag with SLP (C) No. 28309 of 2015."

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Accordingly, show cause notice returnable on 8th March, 2016 was issued to sole Respondent on 30th January, 2016 through registsered A.D. Post. Neither A.D. Card nor unserved cover containing the show cause notice has been received back from the said respondent so far.

SLP (C) No. 35257 OF 2015

It is submitted that Mr. T.G.N. Nair, Advocate has on 18th February, 2016 filed Vakalatnama/Appearance on behalf of the sole Respondent but he has not filed Counter Affidavit on behalf of the said Respondent so far.

TheOffice Report is listed before the Ld. Registrar's Court for orders. Dated this the 1 st Day of April, 2016.

ASSISTANT REGISTRAR

Copy to:

• 1. Mr. B.K. Prasad, Advocate, Central Agency Section, Supreme Court of India, New Delhi.
• 2. M/s. Khaitan & Co., Advocates, 1105, Ashoka Estate, 24, Barakhamba Road, New Delhi.
• 3. Mr. Shibashish Misra, Advocate, E-83, Greater Kailash, Part-2, New Delhi – 110048
• 4. Ms. Uttara Babbar, Advocate, 112, C.K. Daphtary Chambers, Tilak Lane, New Delhi.
• 5. Mr. T.G.N. Nair, Advocate, 406, Lawyers Chambers, Supreme Court of India, New Delhi.

ASSISTANT REGISTRAR