SECTION XVI-A

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Process Id: 232/2022

OFFICE REPORT

The Transfer Petitions above-mentioned were listed before the Hon'ble Court, on 6th April 2018, when the Court was pleased to pass the following Order :-

"List after decision in Civil Appeal No...........of 2018 (@ SLP(C) No. 15869 of 2015)

Stay to continue."

It is submitted for the information of the Hon'ble Court that Civil Appeal No. 3736 of 2018 (@ SLP (C) No. 15869 of 2015) is pending and lastly listed before the Hon'ble Court on 3rd March, 2020, when the Hon'ble Court directed to list the matter after Holi holidays.

Thereafter, the Interlocutory Application Nos. 147258, 147259 & 147261 of 2019 in the matter above-mentioned were listed before the Hon'ble Judge in Chambers with Office Report dated 30th November 2019, on 18th December, 2019, when the His Lordship was pleased to pass the following order:

"As there is no opposition, the application for condonation of delay, setting aside abatement and bring the Lrs. of deceased respondent no. 4 are allowed.

Amended memo of parties would be filed within four weeks."

Accordingly, Mrs. Anjani Aiyagari, Advocate has on 13th January,  2020 filed amended memo of parties and same has been placed in the Transfer Petition Paper Books.

Thereafter, the matter above-mentioned was listed before the Ld. Registrar Court, on 20th February, 2020, when inter-alia following Order was passed :-

"Ld. Counsel for the petitioner to file spare copy to effect service on legal representatives of respondent no.2 in TP(C) NO.835/15 within one weeks time. Notice thereafter be issued immediately. 

...      ...     ...  

Ld. Counsel for the petitioner is granted four weeks time as last opportunity for taking appropriate steps in respect of deceased respondent no.2 in in TP (C) NOS.834 & 839 OF 2015. If appropriate steps are not taken within four weeks time, registry to process the matter for listing before the Hon'ble Judge in Chamber for orders. If appropriate steps are taken within four weeks time, process as per rules and list again on 28.4.2020."

Accordingly, notice was issued on the legal representative of respondent no. 2 in T.P. (C) No. 835 of 2015 through Registered A.D. Post and as per postal tracking report, notice has been delivered and is represented by Mrs. Anjani Aiyagari, Advocate.

It is submitted that M/s. Karanjawala & Co., Advocates have on 25.9.2020 filed Vakalatnama and Memo of appearance on behalf of common sole respondent in Transfer Petition (C) Nos. 848 and 849 of 2015 after taking 'no objection' from erstwhile Advocate namely Mr. E.C. Agrawala alongwith an application for change of name of the common sole respondent in T.P. (C) Nos. 848 and 849 of 2015 i.e. from 'Essar Steel India Ltd.' to 'Arcelormittal Nippon Steel India Limited' and application for exemption from filing notarised affidavit and served its copy on the Counsel for the Petitioners which have been registered as Interlocutory Application Nos. 97290 and 97298 of 2020, respectively. Copy of the same has been placed with Transfer Petition Paper Books.

It is further submitted that Mrs. Anjani Aiyagari, Advocate has on 5.11.2020 filed an application for bring on record the conversion of the respondent no. 1 i.e. 'Haldia Steels Ltd.' to 'Haldia Steels Private Limited' in T.P. (C) No. 841 of 2015 alongwith a request letter for change of address of the registered office of the company respondent no. 1 and amend the cause title accordingly and served its copy on the Counsel for the Petitioners which has been registered as Interlocutory application no. 114167 of 2020. Copy of the same has been placed with Transfer Petition Paper Books.

It is also submitted that Mrs. Anjani Aiyagari, Advocate has on 5.11.2020 filed an application for substitution of respondent no. 2 in T.P. (C) No. 834 of 2015 i.e. to bring on record Mr. Vinay Kumar Agarwal, the present director of Gagan Ferrotech Limited as respondent no. 2 in place of Mr. Deepak Kumar Agarwal and amend the cause title accordingly and served its copy on the Counsel for the Petitioners and has on 22.10.2021 filed Vakalatnama and Memo of appearance on behalf of respondent no. 2. The said application has been registered as Interlocutory application no. 114170 of 2020. Copy of the same has been placed with Transfer Petition Paper Books.

It is lastly submitted in view of the Ld. Registrar Court's Order dated 20th February 2020 quoted above that Counsel for the Petitioners has not taken appropriate steps in respect of deceased respondent no. 2 in T.P. (C) Nos. 834 and 839 of 2015, however, Mrs. Anjani Aiyagari, Advocate for the respondent nos. 2 in T.P. (C) Nos. 834 and 839 of 2015 has clarified vide her letter dated 4.03.2022 that inadvertently on the part of the Counsel, it has been wrongly recorded that respondent nos. 2 in T.P. (C) Nos. 834 and 839 of 2015 have expired, however, the correct position is as follows :-

(a) Respondent no. 2, Mr. Deepak Kumar Agarwal, Director in T.P. (C) No. 834/2015 has resigned and accordingly, I.A. No. 114170 of 2020 has been filed for its substitution detailed above. As per records of the file, common Counter Affidavit has already been filed on 28th January, 2016 on behalf of respondent nos. 1 and 2 in T.P. (C) Nos. 834 of 2015.

(b) Respondent no. 2 in T.P. (C) No. 839/2015 is alive and well, and continues as Respondent no. 2 in the said matter. As per records of the file, common Counter Affidavit has already been filed on 28th January, 2016 on behalf of respondent nos. 1 and 2 in T.P. (C) No. 839 of 2015.

Service of show cause notice is complete on all the respondents in all the Transfer Petitions.

The Interlocutory Applications above-mentioned are listed before the Hon'ble Judge in Chambers with this Office Report.

Dated : March 04, 2022

Copy to :-

1. Mr. Amrish Kumar, Advocate

2. Mr. S.S. Shroff, Advocate

3. Mrs. Anjani Aiyagari, Advocate

4. Mr. Shailesh Madiyal, Advocate 5. Mr. T. Mahipal, Advocate 6. M/s. Khaitan and Co., Advocates 7. Mr. V. Shyamohan, Advocate 8. M/s. Karanjawala & Co., Advocates