SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 14102 OF 2020

WITH PRAYER FOR INTERIM RELIEF

WITH

IA No. 91703/2020

(APPLICATION FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH

IA NO. 95199/2020

(APPLICATION FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

SPECIAL LEAVE PETITION (CIVIL) No.11966-12000/2021

WITH

I. A NO. 93038/21

(APPLICATION FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGEMENT)

SPECIAL LEAVE PETITION (CIVIL) Diary No 39806/2023

WITH

I.A NO. 226881/2023

(APPLICATION FOR CONDONATION OF DELAY IN FILING)

I. A NO. 226886/2023

APPLICATION FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGEMENT)

AND

SPECIAL LEAVE PETITION (CIVIL) Diary No. 14958 OF 2022

WITH PRAYER FOR INTERIM RELIEF

AND

IA No. 74602/2022 (Application for condonation of delay in filing the  in SLP(c) Diary No. 14958/2020)

AND

IA No. 191248/2023 - Application for stay in SLP(c) Diary No. 14958/2020)

AND

I.A. No. 217797/2023 - Application for permission to file additional documents in SLP(c) Diary No. 14958/2020)

AND

SPECIAL LEAVE PETITION (C) NO. 15163 OF 2020

AND

SPECIAL LEAVE PETITION (C) NO. 966-967 OF 2021

AND

SPECIAL LEAVE PETITION (CIVIL) No. 12245 OF 2024

Process Id: 1865/2024

OFFICE REPORT

This Hon'ble Court, on 20th October, 2023, was pleased to pass the following order:

" Diary No(s). 14958/2022

After hearing learned counsel for the parties, we are of the considered opinion that the petitioner shall pay 50 per cent of the gratuity to the respondent within a period of three months from today, which shall be subject to final outcome of these petitions.

In view of the above, the execution proceedings against the petitioner shall remain stayed.

List the matters after three months. "

It is submitted that Mr. Rishi Malhotra, Advocte has on 20.11.2023 filed vakalatnama on behalf of respondent Nos. 1 and 2 and counter affidavit has already been filed by erstwhile Mr. Samir Ali Khan, Advocate only on behalf of common respondent No. 1 (State of H.P.) and copy of the same has been included in SLP paper book. Respondent No. 4 is represented through Mr. Ashwani Kumar Dubey, Advocate and he has already filed counter affidavit and copy of same has been placed with SLP Paper books. No one has entered appearance on behalf of respondent Nos. 3, 5 to 7 though served with notice through track reports and AD cards but no one has entered appearance so far.

Service is complete.

Lastly the matter was listed before the Supreme Court Special Lok Adalat on 30.07.2024, when the following order were passed. 

"It is stated that the consent for the settlement was given under a mistaken impression.

In view of the aforesaid position, list before the Court as per turn."

SPECIAL LEAVE PETITION (CIVIL) No.11966-12000/2021

This Hon'ble Court, on 06.10.2023, was pleased to inter-alia pass the following order:

"SLP(C) No. 11996-12000/2021 

Let fresh notice be issued to unserved respondents. 

In addition, dasti service is permitted. xxxxxxx"

It is submitted that pursuant to the aforesaid order, show cause notice was issued to unserved respondents no. 3 to 5 and 3 in SLP No. 11996 and 11997/2021 through registered AD as well as dasti. As per track report of India Post, notice has been delivered upon respondent no. 3 to 5 and 3 in SLP No. 11996 and 11997/2021 and counsel for the petitioner has on 17.01.2023 e-filed affidavit with proof of dasti only in respect of respondent no. 3 in SLP (C) No. 11997/2021 but no one has entered appearance on their behalf so far. Common respondent Nos 1 and 2 are represented through Mr. Samir Ali Khan, Advocate ( Now Mr. Rishi Malhotra, Advocate) in all the matters  and he has on 12.09.2022 e-filed counter affidavit only on behalf of common respondent No. 1 (state of HP) and copy of the same has been included in the SLP paper books. Mr. C. S Ashri, Advocate has on 26.03.2022 e-filed Vakalatnama /appearance on behalf of Respondent No. 3 in SC 11998 & 11999 of 2021 & respondent No. 3 to 5 in SLP (C) No. 12000/2021 but he has not filed counter affidavit so far. 

It is further submitted that Mr. Rishi Malhotra, Advocate has on 20.11.2023 e-filed Vakalatnama/Appearance on behalf of common respondent No. 1 & 2 in place of erstwhile advocate Mr. Samir Ali Khan. 

It is lastly submitted that Mr. Anup Kumar, Advocate has on 21.08.2024 filed Vakalatnama/Appearance on behalf of Petitioner without taking NOC from erstwhile advocate. 

Service is complete. 

         SPECIAL LEAVE PETITION (CIVIL) Diary No 39806/2023

This Hon'ble Court, on 07.11.2023 , was pleased to pass the following order:

"Issue notice on the application for condonation of delay as well as on the special leave petition.   

Tag the matter along with SLP (C)No. 9723 of 2023 (Diary No. 14958 of 2022)."

         It is submitted that pursuant to the aforesaid order, the matter has been tagged with SLP (C) No. 9723/2023 and the show cause notice was issued to all the four respondents through Registered AD post. As per track report of India Post, the show cause notice has been delivered to all the four respondents but no one has entered appearance on their behalf so far.  

          Service is complete.

SLP(C) Diary No. 14958/2022

It is submitted that pursuant to aforesaid order counsel for petitioner has not filed any document so far.

It is submitted that there are 4 respondents in this matter. Mr. Samir Ali Khan, Advocate, has on 02.11.2022 filed Vakalatnama/Appearance and counter affidavit on behalf of respondent Nos. 1 and 2. The copy of the same has been included in SLP paper books. Respondent Nos. 1 and 2 are common respondents in all the matters. Mr. Ashwani Kumar Dubey, Advocate has on 18.08.2022 e-filed Vakalatnama/Appearance on behalf of respondent No. 3 without paying requisite court fee/welfare stamp but he has not filed counter affidavit so far. Mr. Jugul Kishor Gupta, Advocate has on 11.09.2023 filed Vakalatnama/Appearance on behalf of respondent No. 4 after taking 'No Objection' from erstwhile advocate and he has on 22.09.2023 e-filed counter affidavit and on 17.10.2023 e-filed reply to the application for stay (I.A. No. 191248/2023) without filing proof of court fee and without serving its copy on other side.  Copies of the same have been included in SLP paper books.

It is further submitted that counsel for the petitioner has on 21.12.2022 e-filed rejoinder affidavit on behalf of petitioner to the counter affidavit filed the rejoinder No. 1 and 2 without the permission of the Hon'ble Court. The copy of the same has been included in SLP paper books. He has on 17.10.2023 e-filed application for permission to file additional documents (Regd. as I.A. No. 217797/2023). Copy of the same has been included in SLP paper books.

Service is complete.

SLP (C) NO. 15163/2020

It is submitted that, there are 06 Respondents in the instant matter. Mr. Samir Ali Khan, Advocate (now  Mr. Rishi Malhotra, Advocate) appearing for Respondent Nos. 1 & 2 has filed Counter Affidavit and pursuant to letter dated 31.10.2022 as referred to in the Hon'ble Court's order dated 01.11.2022, counsel for the petitioner has on 03.11.2022, filed Rejoinder Affidavit to the Counter Affidavit filed by Respondent No.1 (State of Himachal Pradesh). Copy of Counter/Rejoinder Affidavit has already been included in SLP Paper Books.

It is further submitted that, Mr. Rishi Malhotra, Advocate has on 20.11.2023, filed Vakalatnama/Appearance on behalf of Respondent Nos. 1 & 2 (State of H.P.) in place of erstwhile Advocate Mr. Samir Ali Khan.

No one has entered appearance on behalf of Respondent Nos. 3 to 6 though served with notice as per Tracking Report/AD Card.

Service is complete.

SLP (C) Nos. 966-967 of 2021

It is submitted that, there are 03 common Respondents in these instant matters. Mr. Samir Ali Khan, Advocate (now Mr. Rishi Malhotra, Advocate) appearing for common Respondent Nos. 1 & 2 has e-filed Counter Affidavit only on behalf of Respondent No.1 (State of H.P.) and copy of the same has already been included in SLP Paper Books. Pursuant to letter dated 31.10.2022, as referred to in the Hon'ble Court's order dated 01.11.2022, counsel for the  petitioner has on 21.12.2022 filed Rejoinder Affidavit to the Counter Affidavit filed by Respondent No.1 (State of Himachal Pradesh). Copy of the same has been included in SLP Paper Books. No one has entered appearance on behalf of common Respondent No.3 though served with notice as per India Post Track Report/AD Card.

It is further submitted that, Mr. Rishi Malhotra, Advocate has on 20.11.2023 filed Vakalatnama/Appearance on behalf of common Respondent Nos. 1 & 2 in place of erstwhile Advocate Mr. Samir Ali Khan.

Service is complete.

SPECIAL LEAVE PETITION (CIVIL) No. 12245 OF 2024

This Hon'ble Court, on 28th May, 2024, was pleased to pass the following order:

"Issue notice.

After hearing learned counsel for the petitioners, we are of the considered opinion that the petitioner shall pay 50 per cent of the gratuity to the respondent within a period of three months from today, which shall be subject to the final outcome of this petition. 

In view of the above, execution proceedings against the petitioner shall remain stayed.

Tag the matter along with SLP (C)No. 14102 of 2020 and list the matters in the month of August, 2024"

It is submitted that pursuant to the order quoted above certified copy of the above quoted order has been issued on 01.07.2024 to the High Court of Himachal Pradesh and show cause notice has been issue on  26.06.2024 to all the three respondent through registered A.D post. As per India Post Track Report notice has been delivered to all the respondents. Ms. Radhika Gautam, Advocate has on  24.07.2024 filed vakalatnama on behalf of respondent no. 3 but she has not filed counter affidavit so far. Vakalatnama has not been filed on behalf of respondent no. 1 and 2 though served with notice.

Service is complete.

The Petitions along with Applications above-mentioned are listed before the Hon'ble Court with this Office Report.

Dated : August 28, 2024

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