Binod Pathak vs. Shankar Choudhary

SECTION XVI

LISTED ON: 06.1.2017

COURT NO.: R1

ITEM NO. : 39

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 10.11.2016 when he was pleased to pass the following order:

"Four weeks' time, as last opportunity, is granted to respondent nos. 7, 8, 34, 35, 37 and 38 for filing counter affidavit.

None appears for respondent nos. 1, 2, 5, 6, 10 to 12, 16 to 18, 26, 31, 36, 39, 40 and 52 despite due service. Respondent nos. 25, 41, 42, 44 and 49 have refused to accept the notice. As such their service is deemed to be complete but none appears on their behalf.

Last opportunity to respondent nos. 24, 46, 47 and 48 for filing counter affidavit within four weeks' time is granted.

Learned counsel for the petitioners to furnish fresh address of respondent nos. 13 to 15 within two weeks' time and shall take fresh steps for effecting service of notice on respondent nos. 9, 13 to 15, 20 to 22, 30, 32, 33, 43, 45, 50 and 51 within the same period and notice thereafter, be issued. He shall also furnish fresh address of respondent no. 19 within three weeks' time and shall take steps as per Govt. O.M. No. 12(7)/10-Judl. Dated 18.08.2011 within the same period and notice thereafter, be issued. Status of filing of counter affidavit by respondent nos.3, 4, 27 to 29 be mentioned in the next office report.

Application for substitution of legal representative of deceased respondent no. 23 may be filed, if so advised, within three weeks' time and Registry to process thereafter as per rules.

List again on 06.01.2017."

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, 12, 8, 34, 35, 37 & 38, so far.

It is further submitted that service of notice is complete on behalf of respondent Nos. 2, 10, 11, 16 to 18, 25, 26, 31, 36, 39, 40, 41, 42, 44, 49 and 52, but no one has entered appearance on their behalf, so far.

It is again submitted that Mr. Gopal Jha, Advocate has not filed counteraffidavit on behalf of respondent Nos. 24, 46, 47 and 48, so far. Mr. Prem Prakash, Advocate has filed Vakalatnama on behalf of respondent Nos. 1, 36, 27 to 29 but has not filed counter affidavit on their behalf, so far.

It is lastly submitted that counsel for the petitioner has neither taken any fresh steps nor furnished fresh address in respect of respondent Nos. 9, 13 to 15, 19, 20 to 22, 30, 32, 33, 43, 45, 50 and 51, so far. Counsel for the petitioner has not filed any application for substitution Of deceased respondent No.23, so far.

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

Dated this the 5th day of January, 2017.

ASSISTANT REGISTRAR

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

ASSISTANT REGISTRAR