SECTION XI

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 873 OF 2017

SLP(C) No. 23581/2017

WITH PRAYER FOR INTERIM RELIEF

Process Id: 125/2020

OFFICE REPORT

This Court of Ld. Registrar, on 06th November, 2019, was pleased to pass the following order:

"SLP (C) No. 873 / 2017

Complete matter.

SLP(C) No. 23581/2017

Service is complete on respondent nos.1 and 4 to 6 but none has entered appearance.

SLP has been dismissed qua respondent no.3 vide order dt.16.9.2019.

Ld. Counsel for the petitioner to take fresh steps alongwith fresh particulars to effect service on respondent no.2 within two weeks time.

List again on 31.1.2020."

SLP (C) No. 873 / 2017

There are total 10 respondents. (R.Nos. 1/1-1/2, 2-10)

It is submitted that name of deceased R.No. 3 has been deleted from the array of parties vide Hon'ble Court (In Chamber) Order dated 26.11.2018. Earlier counsel (Mr. Narender Kumar Verma) for R.No. 2 had filed an application for deletion of R.No. 3 which was allowed by the Hon'ble Court (In Chamber) on 26.11.2018 Neither counsel for the petitioner nor counsel for R.No. 2 (Ms. Asha G. Nair, Adv) has filed application for deletion of name of R.No. 1/2 (who was also R.No. 3) despite this registry's letter dated 30.05.2019.

It is further submitted that R.Nos. 5 to 7 are the Lrs. of R.no. 4 (Dead), hence it is not necessary to bring them on record vide Order dated 26.11.218 of Hon'ble Chamber Court.

It is further submitted that Ms. Asha G. Nair, Adv for R.no. 2 (who is also R.No. 1/1) has filed caveat and vakalatnama alongwith counter affidavit. Ms. Anisha Upadhyay, Adv has on 24.09.2019 filed counter affidavit on behalf of R.Nos. 5-7 after the last opportunity declined vide Ld. Registrar Court Order dated 06. 2.19.

It is further submitted that Mr. T.N. Singh, Adv has on 12.01.2019 filed vakalatnama on behalf of R.No. 9 and they do not wish to file counter affidavit vide Ld. Registrar Court Order dated 06. 2.19. Service is complete on respondent nos. 8 (on 30.10.17 through track report) & 10 (on 31.10.2017 through track report) and 30 days time has been lapsed in terms of Order XXI, Rule 14(1) of SCR 2013 so far which is read as under:

"Respondent to whom a notice in a Special Leave Petition is issued or who had filed a caveat shall be entitled to oppose the grant of leave or interim orders, without filing any written objections. He shall also be at Iibeny to file his objections WIthin 30 days from the date of receipt of notice or not later than 2 weeks before the date appointed for hearing, whichever be earlier, but shall do so only by setting out the grounds in opposition to the questions of law or grounds set out in the SLP and may produce such pleadings and documents filed before the Court/Tribunal against whose order the SLP is filed and shall also set out the grounds for not granting interim order or for vacating interim order if already granted. ".

Service of notice is complete.

SLP(C) No. 23581/2017

There are total 6 respondents in the instant matter. (SLP has been dismissed against respondent No.3 vide Order dated 16.09.2019.)

It is submitted that counsel for the petitioner has on 08.11.2019 provided the address of R.No.2 but the same is similar as he had provided earlier on 15.04.2019 and the notice on the said address had already been received back unserved with postal remarks "Insufficient Address". Hence fresh notice could not be issued on the said address.

It is further submitted that SLP in respect of Respondent No.3 was dismissed as counsel for the petitioner had not filed an application for substitution in respect of deceased Respondent No.3 vide Hon'ble Judge in Chambers' Order 16.09.2019. Now counsel for the petitioner has on 05.11.2019 filed an application for substitution to bring on record LRs. of deceased respondent No.3 and has on 14.12.2019 filed an application for restoration in respect of R.No.3 along with condonation of delay in filing restoration application but the applications are still lying defective for the reason that: (i) Age of the Lrs. has not been given in the application. (ii) Death certificate of deceased respondent No.3 has not been furnished. The defects have been notified to him vide Registry's letter dated 20.11.2019 and 24.12.2019 but he has not cured the defects so far. Hence the applications could not be process before Chambr Judge.

It is further submitted that Service of notice is already complete on respondent Nos. 4 to 6 on 15.9.2017, 19.09.2017 and 20.09.2017 and the notice was received back unserved on R.No.1 as he had refused to accept the notice on 18.09.2017 but neither any one has entered appearance on their behalf nor any of the parties filed Objections/Counter affidavit (30 days time has elapsed) in terms of Order XXI, Rule 14(1) of SCR 2013 so far which is read as under:

"Respondent to whom a notice in a Special Leave Petition is issued or who had filed a caveat shall be entitled to oppose the grant of leave or interim orders, without filing any written objections. He shall also be at liberty to file his objections WIthin 30 days from the date of receipt of notice or not later than 2 weeks before the date appointed for hearing, whichever be earlier, but shall do so only by setting out the grounds in opposition to the questions of law or grounds set out in the SLP and may produce such pleadings and documents filed before the Court/Tribunal against whose order the SLP is filed and shall also set out the grounds for not granting interim order or for vacating interim order if already granted. ". no one has entered appearance on their behalf so far.

Service of notice is not complete on Respondent Nos. 2 and 3.

The Petition above-mentioned is listed before the Court of Ld. Registrar with this Office Report.

Dated : January 29, 2020

Copy to :-

BRACH OFFICER