SECTION IV-B

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 29899 OF 2015

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION NO.       OF 2017

(Application seeking permission for filing of the additional documents)

Process Id: 10/2024

OFFICE REPORT

This Hon'ble Court, on 15.01.2016, was pleased to pass the following order:

" Heard the learned counsel for the petitioners and perused the relevant material.

Exemption from filing O.T. is granted.

Permission to place additional documents on record is granted.

Issue notice. 

Status quo with regard to possession, as on today, shall be maintained. "

SLP(C)No. 29899 of 2015

It is submitted that accordingly show cause notice has been issued to all the five respondents through Registered AD post. 

It is further submitted that Mr. Sanjay Kumar Visen, Advocate has filed vakalatnama on behalf of respondent nos. 1 to 4 and has also filed counter affidavit on behalf of respondent no. 3 alongwith an application seeking permission for filing of the additional documents but the same is defective and the defects has already been notified to the counsel but the same has not been cured so far. However copy of the defective counter affidavit alongwith application is being circulated before the Hon'ble court. 

It is further submitted that Mr. Samar Vijay singh, Advocate has on 20.07.2023 filed memo of appearance on behalf of respondent nos. 1 to 4. 

It is further submitted that Mr. Saurabh Mishra, Advocate has filed vakalatnama and counter affidavit on behalf of respondent no. 5. Copy of the counter affidavit is already included in SLP paper books. Now Mr. Siddharth Mittal, Advocate has on 05.04.2021 filed vakalatnama and memo of appearance on behalf of respondent no. 5 after taking NOC from erstwhile advocate. 

It is further submitted that Mr. R.C. Kaushik, Advocate has on 10.02.2020 filed rejoinder affidavit on behalf of all the petitioner. Copy of the same is already included in SLP paper books. 

Service of show cause notice is complete for all the five respondents through Advocate.

SLP(C)No. 15381 of 2017

The matter above mentioned was listed before Hon'ble Court, on 05.05.2017, when the court was pleased to pass the following order:

" Delay condoned.

Issue notice.

Tag with SLP(C) No. 29899 of 2015."

It is submitted that there are total 7 respondents in this matters. Accordingly show cause notice was issued to all the respondents through Registered A.D. Post.

It is further submitted that Mr. Sanjay Kumar Visen, Advocate has filed vakalatnama on behalf of respondent nos. 1 to 4 and has also filed counter affidavit on behalf of respondent nos. 3-4. The said counter affidavit has been included in the paper books. 

It is further submitted that Mr. Sarvesh Singh Baghel, Advocate has filed vakalatnama on behalf of respondent no. 7 but no counter affidavit has been filed on their behalf so far. 

 It is again submitted that M/s COAC, Adv has on 19.04.2018 filed vakalatnama on behalf of respondent no. 6 but the same is defective as the name of respondent company given in the vakalatnama is not the same as in the cause titile. M/s COAC, Adv has filed a resolution passed by the Board of Directors of the company alongwith a certificate of change of name of the said company but counsel has not filed application for amendment of cause title so far.

It is again submitted that Mr. D. N. Goburdhan, Adv has filed vakalatnama on behalf of respondent no. 5 but has not filed counter affidavit so far.

It is again submitted that Ms. Monika Gusain, Adv has on 26.07.2022 filed vakalatnama and counter affidavit on behalf of responden tno. 2 The said counter affidavit has been included in the paper books. 

It is lastly submitted that Mr. D. N. Goburdhan, Adv for respondent no. 5 has been designated as Sr. Advocate and accordinlyg a notice for alternative arrangement was issued to respondent no. 5 The service of the said alternative arrangement notice is not complete as per postal tracking report. 

Service of show cause notice is complete and service of alternative arrangement notice is not complete.

The matter above mentioned was listed before Ld. Registrar Court, on 27th March, 2018, when the court was pleased to pass the following order:

" SLP(C) No. 15381/2017 

Respondent nos. 3 and 4 have filed counter affidavit. 

Service is complete on respondent nos. 5 and 6 but none has entered appearance.  

Respondent nos. 1,2 and 7 are granted four weeks time as last opportunity for filing counter affidavit. However, ld. Counsel appearing for respondent no.1 has submitted that counter affidavit on behalf of respondent no.1 has been filed on 10.10.2017. 

 Registry to process the matter for listing before the Hon'ble Court after completion of period of four weeks whether counter affidavit is filed or not as further opportunity to file counter affidavit stands declined."

The Petition above-mentioned is listed before the Hon'ble Court with this Office Report.

Dated : January 08, 2024