IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 30593-30594 OF 2015, SLP (C) NOS. 394, 392, 395, 389 , 1232 OF 2016, SLP (C) NO.35257 OF 2015, SLP (C) NOS. 6773, 6735-6740, 7559, 10127, 9473, 11154, 11156, 10126, 11771, 11772, 11145, 11769, 12787 & 14547 OF 2016 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. 30593-30594 OF 2015

The matter above-mentined was listed before the Hon'ble Court on 26th October, 2015 when the Hon'ble Court was plased to pass the following order:

"Delay condoned. Notice. Tag with SLP (C) No. 28309 of 2015."

Accordingly show cause notice was issued to the sole respondent on 23 November, 2015 through registered A.D. Post. Mr. T.R.B. Siva Kumar, Advocate has on 14th May, 2016 filed Vakalatnama/Appearance on behalf of the sole respondent but has not filed Counter Affidavit so far.

SLP(C) NOS. 394, 392, 395, 389 , 1232 AND 35257 OF 2016:

The Office Report was listed before the Ld. Registrar's Court on 5th April, 2016 when the following order was:-

"SLP (C) NO. 394 OF 2016

Four weeks time as last chance is given to the sole respondent to file the counter affidavit."

SLP(C)No. 392/2016

Ld. Counsel for the petitioner has filed the affidavit of dasti service stating therein that the respondent company has refused to accept the notice, which is not a proper service. Hence, Ld. Counsel for the petitioner shall within a period of four weeks file the fresh particulars of the respondent and he shall also take fresh steps for the service of notice to him within the same period."

SLP (C) NO. 395/ 2016 Four weeks time as last chance is given to the respodent No.1 to file the Counter affidavit. Ld. counsel for the petitioner is directed to take fresh steps in respect of the respondent No.2 within four weeks. SLP (C) Nos. 389 & 1232 / 2016 Await the return of the service of notice already issued to the sole respondent in both matters. SLP(C) No. 35257/2015 Four weeks time as last chance is given to the sole respondent to file the counter affidavit. List the matters again on 01.07.2016."

SLP (C) NO. 394 OF 2016

It is submitted that Counsel for the sole Respondent has not filed Counter Affidavit so far.

SLP (C) NO. 392 OF 2016

It is submitted that Counsel for the Petitioner has not taken fresh steps for the service of notice on the sole unserved Respondent.

SLP (C) NO. 395 OF 2016

It is submitted that Counsel for Respondent No.1 has on 6th June, 2016 filed Counter Affidavit on behalf of the said respondent.

It is further submitted that Counsel for the Petitioner has not taken fresh steps for effecting service of notice in respect of Respondent No. 2 so far.

SLP (C) NO. 389 AND 1232 OF 2016

It is submitted that neither A.D. Card nor unserved cover containing the show cause notice has been received back from the sole respondent in both the matters so far.

SLP (C) NOs. 35257 OF 2015

It is submitted that Counsel for the sole Respondent has not filed Counter Affidavit on behalf of the said Respondent so far.

SLP (C) NOS. 6773 AND 7559 OF 2016

The matters above-mentioned were listed before the Hon'ble Court on 14th March, 2016 when the Hon'ble Court was pleased to pass the following order:-

"Delay condoned. Issue notice. Tag with SLP (C) No. 28309 of 2015."

SLP (C) NOS. 6773 OF 2016

Accordingly, show cause notice was issued to sole respondent on 22nd March, 2016 through registered A.D. Post. Neither A.D. Card nor unserved cover containing the show cause notice has been received back the said respondent so far.

It is submitted that Postal Enquiry was held and as per Report of the Postal Department, the show cause notice has been delivered to sole respondent on 31st March, 2016.

SLP (C) NO. 7559 OF 2016

Accordingly show cause notice was issued to sole respondent on 22nd March, 2016 through registered 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) NOS.6735-6740 OF 2016

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

"Delay condoned. Issue notice. There shall be interim stay of the impugned judgment and order dated 27th March, 2015, passed by the High Court of Madras. In addition to the aforesaid, we restrain the petitioners to recover the amount demanded from the respondent till the disposal of the present special leave petitions. Tag with S.L.P. (C) No. 28309 of 2015."

Accordingly show cause notice was issued to sole respondent on 7th April, 2016 through registered A.D. Post. Unserved cover containing the show cause notice has been received back from the said Respondent with the Postal Remarks "Company closed, returned to sender". Mr. B.K. Prasad, Advocate has on 28th June, 2016 furnished the latest and complete address of the sole Respondent. Accordingly, fresh Show Cause notice has been issued.

SLP (C) Nos. 10126 AND 10127 OF 2016

The matters above-mentioned were listed before the Hon'ble Court on 8th April, 2016 when the Hon'ble Court was pleased to pass the following order:-

"Delay condoned. Issue notice. Tag with SLP (C) No. 28309 of 2015."

SLP (C) NO. 10126 OF 2016

Accordingly show cause notice was issued to sole respondent on 23rd April, 2016 through registered A.D. Post. Neither A.D. Card nor unserved cover containing the show cause notice has been received back from the said respondents so far.

SLP (C) NO. 10127 OF 2016

Accordingly show cause notice was issued to sole respondent on 23rd April, 2016 through registered A.D. Post. A.D. Card duly signed has been received back from the said respondent but no one has filed Vakalatnama/Appearance on behalf of the said Respondent so far.

SLP (C) NO. 9473 OF 2016

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

"Issue notice on the application for condonation of delay as also on the special leave petition.. Tag with SLP (C) ..CC No. 16523 of 2015."

Accordingly, show cause notice was issued to both the respondents on 21st April, 2016 through registered A.D. Post. Unserved cover containing the show cause notices have been received back from both the respondents with the illegible postal remarks which are in Vernacular. Mr. B.K. Prasad, Advocate has on 28th June, 2016 furnished the latest and complete address of both the Respondents. Accordingly, fresh Show Cause notice has been issued.

It is submitted that Mr. B.K. Prasad, Advocate for the Petitioners has on 20th June, 2016 filed a letter requesting for dasti notice to both the unserved Respondents.

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SLP (C) NOS. 11145 AND 11156 OF 2016

The matters above-mentioned were listed before the Hon'ble Court on 19th April, 2016 when the Hon'ble Court was pleased to pass the following order:-

"Delay condoned. Issue notice. Tag with S.L.P. (C) No. 7559 of 2016."

Accordingly, show cause notice was issued to sole respondent on 6th May, 2016 in these matters through registered A.D. Post. Neither A.D. Cards nor unserved cover containing the show cause notices have been received back from the said respondents so far.

SLP (C) No.11154 OF 2016

The matters above-mentioned were listed before the Hon'ble Court on 19th April, 2016 when the Hon'ble Court was pleased to pass the following order:-

"Delay condoned. Issue notice. Tag with S.L.P. (C) No. 7559 of 2016."

Accordingly, show cause notice was issued to sole respondent on 6th May, 2016 through registered A.D. Post. Neither A.D. Cards nor unserved cover containing the show cause notices have been received back from the said respondents so far.

It is submitted that Postal Enquiry was held and as per Report of the Postal Department, the show cause notice has been delivered to sole respondent on 12th May, 2016.

SLP (C) NOS. 11771, 11772, 11769, OF 2016

The matters above-mentioned were listed before the Hon'ble Court on 22nd April, 2016 when the Hon'ble Court was pleased to pass the following order:-

"Delay condoned. Issue notice. Tag with SLP (C) No. 28309 of 2015."

SLP (C) NO. 11771 OF 2016

Accordingly show cause notice was issued to sole respondent on 6th June, 2016 through registered A.D. Post. Mr. Rajesh Kumar, Advocate has on 27th July, 2016 filed Vakalatnama/Appearance on behalf of the said Respondent but has not filed Counter Affidavit so far.

SLP (C) NO. 11772 OF 2016

Accordingly show cause notice was issued to sole respondent on 6th June, 2016 through registered A.D. Post. Neither A.D. Cards nor unserved cover containing the show cause notices has been received back from the said respondent so far.

SLP (C) NO. 11769, OF 2016

Accordingly show cause notice was issued to sole respondent on 6th June, 2016 through registered A.D. Post. Neither A.D. Cards nor unserved cover containing the show cause notices has been received back from the said respondent so far.

It is submitted that Postal Enquiry was held and as per Report of the Postal Department, the show cause notice has been delivered to sole respondent on 9th June, 2016.

SLP (C) NO. 12787 OF 2016

The matter above-mentioned was listed before the Hon'ble Court on 29nd April, 2016 when the Hon'ble Court was pleased to pass the following order:-

"Issue notice. Tag with SLP (C) No. 10127 of 2016."

Accordingly show cause notice was issued to sole respondent on 25th May, 2016 through registered A.D. Post. Neither A.D. Card nor unserved cover containing the show cause notices has been received back from the said respondent so far.

It is submitted that Postal Enquiry was held and as per Report of the Postal Department, the show cause notice has been delivered to sole respondent on 27th May, 2016.

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SLP (C) NO. 14547 OF 2016.

The matter above-mentioned was listed before the Hon'ble Court on 9th May, 2016 when the Hon'ble Court was pleased to pass the following order:-

"Delay condoned. Issue notice. Tag with SLP (C) No. 28309 of 2015."

Accordingly show cause notice was issued to sole respondent on 23rd May, 2016 through registered 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.

It is submitted that Postal Enquiry was held and as per Report of the Postal Department, the show cause notice has been delivered to sole respondent on 26th May, 2016.

TheOffice Report is listed before the Ld. Registrar's Court for orders. Dated this the 29th Day of June, 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