SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) Nos. 5380-5381, 5382-5383 AND 5881 OF 2019

Process Id: 36/2020

OFFICE REPORT

This Hon'ble Court, on 22nd October, 2019, was pleased to pass the following order:

" SLP(C) No.5380-5381/2019 

Respondent No.1 has filed counter affidavit. 

 Ld. Counsel for the petitioner to take fresh steps alongwith fresh particulars of respondent No.2 within two weeks. Dasti is requested, permitted in addition. 

 Last opportunity is granted to respondent No.3 for filing counter affidavit within four weeks.

 SLP(C) No. 5382-5383/2019 

 Sole respondent has filed counter affidavit. 

 SLP(C) No. 5881/2019 

 Respondent No.1 has filed counter affidavit. 

 Service is complete on respondent No.2 but none has entered appearance. 

 List again on 20.1.2020. "

SLP(C) No. 5380-5381/2019

It is submitted that counsel for the petitioner has neither filed spare copies n terms of Chapter XIV Clause 2(a) of the Supreme Court Practice and Procedure and Office Procedure, 2017 nor fresh particulars of Respondent No. 2. Hence, notice could not be issued . Counsel for the Respondent no. 1 has already filed Counter Affidavit.

It is submitted that instead of taking fresh steps alongwith fresh particulars on Respondent No. 2, Counsel for the petitioner has on 2.12.2019 filed a letter stating therein that in connected SLP(C) No. 5881/2019, Respondent No. 2 has already been served and hence requirement of furnishing fresh particulars may be dispensed with but Respondent No. 2 in both the SLPs is different altogether for which a letter has been issued to the counsel for the petitioner to clarify the same.

It is further submitted that counsel for the Respondent No. 3 has neither filed Counter-affidavit in terms of Order XXI Rule 14(1) of the Supreme Court Rules, 2013 nor have made request for extension of time for filing Counter-affidavit in terms of Order V Rule 1(22) of Supreme Court Rules, 2013. 

Service is not complete on Respondent No. 2.

SLP(C) No. 5382-5383/2019

It is submitted that counsel for the sole respondent has already filed Counter Affidavit.

Service is complete.

SLP(C) No. 5881/2019

It is submitted that counsel for the Respondent No. 1 has already filed Counter Affidavit. No one has entered appearance on behalf of Respondent No. 2 though served on 12.03.2019.

Respondent No. 2 has neither filed Counter-affidavit in terms of Order XXI Rule 14(1) of the Supreme Court Rules, 2013 nor have made request for extension of time for filing Counter-affidavit in terms of Order V Rule 1(22) of Supreme Court Rules, 2013. 

Service is complete.

CHAPTER XIV CLAUSE 2(A) OF PRACTICE AND PROCEDURE & OFFICE PROCEDURE 2017 READ AS UNDER

As soon as notice is directed to be issued, the appellant, petitioner, applicant or plaintiff, as the case may be, shall furnish as many copies of the petition, appeal, suit or application as may be necessary for record and for service on the respondent(s) within seven days from the date of the order: 

Provided that where Union of India, State Government or any of its instrumentalities under Article 12 of the Constitution are respondents/non-applicants, an additional copy shall be furnished for service in terms of Order LIII Rule (1)(a)(ii) of the Rules.

Order XXI Rule 14(1) of Supreme Court Rules, 2013 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 Cowtfrribunal 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.

Order V Rule 1(22) of the Supreme Court Rules, 2013 read as under :-

Application for extension of time for filing pleadings, provided that the Registrar shall not grant more than one extension for the purpose exceeding four weeks. 

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

Dated : January 17, 2020

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