SECTION IV-B

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 16376-383 OF 2018

WITH PRAYER FOR INTERIM RELIEF

Process Id: 342/2019

OFFICE REPORT FOR DIRECTION

The matter above-mentioned was listed before Hon'ble Court, on 03rd July, 2018, when the following Hon,ble Court was pleased  to pass the following order:

" Delay condoned.

It is submitted by the learned ASG that the only dispute is whether the interest on the solatium is required to be paid for the period 1966 to 1971. The remaining amount has been paid.

Issue notice.

In the meanwhile, there wil be a stay of the impugned judgment and order passed by the Court."

Accordingly show cause notice to all the Respondents was issued through Regd. A.D.Post.

It is submitted that Ms. Aanchal Jain, Advocate has filed Vakalatnama and Memo of appearance on behalf of common Respondent No.3 in SLP(C) No.16376 and 16378 of 2018,   Common Respondent Nos.3 and 4 in SLP(C) No.16379 and 16382 and 16383 of 2018 and Respondent NO.5 in SLP (C) No.16380 of 2018 and SLP (C) No.16381 of 2018 but no Counter Affidavit has been filed so far.

It is further submitted that for completion of service the matters above-mentioned was listed before Ld. Registrar time and again and Ld. Registrar had on 10.10.2018 directed the counsel for the petitioner to take fresh steps  alongwith fresh and complete address of the unserved respondents within two weeks, as last opportunity.  In this regard it is submitted that counsel for the petitioner has taken fresh steps by filing spare copies for issuance of show cause notice to unserved common respondent No.2 in SLP(C) No.16376 and 16378 of 2018, Respondent No.1 in SLP(C)No.16377 of 2018, Respondent Nos.1-4 and 6 in SLP(C) No.16380 of 2018, Respondent Nos.1-4 in SLP(C)No.16381 of 2018 and by furnishing fresh address of unserved respondents in SLP(C)NOS.16377 and 16381 of 2018 but the names of unserved respondents in SLP(C) NO.16381 of 2018 do not tally with the SLP  so show cause notice could not be issued and this fact was apprised to Ld. Registrar on 11.12.2018 when  Ld. Registrar was pleased to pass the following Order:

" Respondent no.3 in SLP(C) NO 16376/2018, respondent nos. 3 and 4 in SLP(C) NO 16379/2018 and respondent no.5 in SLP(C) NO 16380 and 16381 OF 2018 have failed to file counter affidavit despite last opportunity having been granted, as such, further opportunity is declined.

Ld. Counsel for the petitioner is granted one weeks time as last opportunity for filing proof of service of pleadings on the ld. Counsel for respondent nos. 3,7,8,10 and 13. Ld. Counsels for the said respondents to file counter affidavit within four weeks thereafter.

Ld. Counsel for the petitioner has filed the spare copies and fresh address in respect of the unserved respondents but the names of respondent in SLP(C) NO.16381/2018 are not tallying, as such, registry to process the matter for listing before the Hon'ble Judge in Chambers for further directions."

It is submitted that counsel for the petitioner has on 21.12.2018 furnished the corrected names of unserved Respondents in SLP(C) No.16381 of 2018 after passing the above-mentioned direction of Ld. Registrar.

It is further submitted that counsel for the petitioner has on 13.12.2018 filed 5 separate Applications for substitution to bring on record the L.Rs. of deceased Respondent No.1 (Common) in SLP (C)Nos.16376 and 16378 of 2018 and L.Rs. of deceased 1 and 2 (Common) in SLP(C)Nos.16379, 16382 and 16383 of 2018 alongwith Application for exemption for filing Official translation of Death Certificate but counsel for the petitioner has not filed Application for condonation of delay and setting aside abatement in any of the matters.

The Office Report for direction for furnishing correct names of unserved respondents after passing the Ld. Registrar's Order is listed before the Hon'ble Court (In Chamber)

Dated : March 11, 2019

Copy to :-

ASSISTANT REGISTRAR