SECTION XVI

LISTED ON: 10.11.2016

COURT NO.: R1

ITEM NO. : 33

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 1536 of 2015

(With prayer for interimrelief) BINOD PATHAK AND ORS. ...Petitioner(s)

Versus

SHANKAR COUDHARY AND ORS. ...Respondent(s)

OFFICE REPORT

The matter abovementioned was listed before the Ld. Registrar's Court on 29.08.2016 when he was pleased to pass the following order:

"Respondent nos. 7,8,34,35,38 are granted four weeks time for filing counter affidavit.

None appears for respondent nos.2,10,11,16 to 18,26,31,36,39,40 and 52 despite due service.

Ld. Advocate on record, Mr. Gopal Jha submits that he has already filed vakaltanama on behalf of respondent Nos. 24, 46, 47 and 48. Registry to verify. If filed, counteraffidavit be filed within four weeks time.

None appears for respondent Nos.41,42, 44 and 49 despite due service.

Ld. Counsel for the petitioner to take fresh steps to effect service on respondent nos. 9,13 to 15, 19 to 23, 30, 32, 33, 43, 45, 50 and 51 within two weeks time. Notices thereafter be issued.

List again on 10.11.2016."

There are fifty two respondents in this matter.

It is submitted that Mr. Shantanu Sagar, Advocate has not filed counteraffidavit on behalf of respondent Nos. 7,8, 34,35 & 38, so far.

It is further submitted that service of notice is complete on behalf of respondent Nos. 2, 10, 11, 16 to 18, 26, 31, 36, 39, 40 and 52, but no one has entered appearance on their behalf, so far. Unserved cover containing notice has been received back with remaks "refused" in respect of respondent Nos. 25, 41, 42, 44 and 49.

It is again submitted that Mr. Gopal Jha, Advocate has filed vakaltanama on behalf of respondent Nos. 24,46,47 and 48 but no counteraffidavit has been filed, so far.

It is lastly submitted that fresh show cause notice was issued on 14.9.2016 to respondent Nos. 9, 1315, 1923, 30, 32, 33, 43, 45, 50 & 51 through registered AD Post. As per tracking report "no remarks" given in respect of respondent No. 9, 20, 21, 22, 32, 33, 43, 45, 50 & 51 and remarks "door locked, left India, deceased & insufficient address in respect of respondent Nos. 13 to 15, 19, 23 & 30 (copy enclosed).

Service of notice on remaining respondent Nos 1, 36, 12, 2729 & 37 is complete.

The matter is listed before the Ld. Registrar's Court with this Office report.

Dated this the 08th day of November, 2016.

ASSISTANT REGISTRAR

Copy to: Mr. Farruk Rasheed, Advocate Mr. Prem Prakash, Advocate Mr. Shantanu Sagar, Advocate Mr. Gopal Jha, Advocate

ASSISTANT REGISTRAR