SECTION XVI-A

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) Nos. 967-971 OF 2020

WITH 

INTERLOCUTORY APPLICATION NO. 87469 OF 2020,

(Application for Stay)

WITH

INTERLOCUTORY APPLICATION Nos. 5634 and 5635 OF 2022

(Applications for amendment of petition with application for exemption from filing duly attested/notarized Affidavit )

WITH

INTERLOCUTORY APPLICATION NOS. 115792, 115796, 115797 OF 2021 

(Application for exemtion from filing notorized Affdaivt, amendment of Petition on behalf of the Petitioner under Order XXIX Rule 8 of the Supreme court Rules, 2013 & exemption from filing duly attested/Notarized Affidavits)

WITH

INTERLOCUTORY APPLICATION NOS. 135517 OF 2021 

(Application for Permission to appear and Argue in Person)

WITH

INTERLOCUTORY APPLICATION Nos. 29723, 29725, 26908, 74891 and 74893 OF 2021

(Applications for amendment of petition with application for exemption from filing duly attested/notarized Affidavit and application for exemption from filing certified true typed translated copies of Annexures filed on 20th February, 2021, amendment of Petition with application from filing Affidavit)

WITH

INTERLOCUTORY APPLICATION Nos. 119127 & 119129 OF 2020

(Application for amendment of petition alongwith application for exemption from filing duly attested/notarized Affidavit filed on 19th November, 2020)

WITH

INTERLOCUTORY APPLICATION Nos. 106769 & 106770 OF 2020

(Application for amendment of petition alongwith application for exemption from filing duly attested/notarized Affidavit filed on 16th October, 2020)

Process Id: 231/2021

OFFICE REPORT

The matter above mentioned alongwith Office report dated 10th August, 2021 was listed before the  Hon'ble Court, on 13th August, 2021, when the Court was pleased to pass the following order:

"The Court is convened through Video Conferencing. 

Heard learned Senior counsel appearing for the petitionerBank, learned Senior counsel appearing for one of the contesting respondents (63 Moons Technologies Ltd.)  in Writ Petition(C) No. 8068 of 2020 pending in the High Court of Madras, learned counsel appearing for the Reserve Bank of India and other learned counsel(s), representing the contesting respondents. 

During the course of hearing, it is informed by Mr. Shyam Divan that the  lead case i.e. Writ  Petition (C) No. 785 of 2021 pending before the High Court of Bombay is listed for hearing on 17-8-2021. Mr. K.V. Vishwanathan, learned Senior counsel representing Respondent No. 1 - 63 Moons Technologies Ltd., has no objection if the Writ Petition pending in the Madras High Court is transferred to the High Court of Bombay.  However, there is no such consent on record on behalf of the contesting respondents in other writ petitions pending in Madras High Court.  

In view of the above, 63 Moons Technologies Ltd. i.e. the contesting respondent in the Madras High Court in Writ Petition (C) No. 8068 of 2020 shall be at liberty to place on record its pleadings before the High Court of Bombay and the same shall be duly considered and the said entity shall also be heard at the time of final adjudication of the lead case by Bombay High Court. 

63 Moons Technologies Ltd. thus would not meanwhile pursue its petition pending before the Madras High Court, though the aforesaid interim order shall have no bearing on the other petitions pending in the said High Court. The High Court of Bombay is requested to make an endeavour to decide the case expeditiously. 

Issue notice on Interlocutory Application Nos.106769/2020, 119127/2020, 29723/2021 & 74891/2021 filed by the petitioner Yes Bank Limited, returnable after four weeks. 

Liberty to serve the respondents through Dasti notice is granted. 

As regards  to the other Writ Petitions pending in the High Court of Madras and the High Court of Delhi which are subject matter of these Transfer Petitions, last opportunity is granted to the served respondents to file their counter affidavits, failing which, it shall be inferred that they have no objection against the transfer of their Writ Petitions to the High Court of Bombay.  

The counter affidavits, if any, shall be filed within four weeks from today. 

It goes without saying that pendency of these Transfer proceedings shall have no bearing on the adjudication of the matter on merits by the High Court of Bombay. "

In view of the Hon'ble Court's Order above mentioned, it is submitted that, there is some correction in Cause Title and intimation has been issued to Counsel for the Petitioner to cure the defects, hence notice could not be issued to all the concerned parties. 

It is further submitted that Mr. S.S. Shroff, Counsel for Petitioner has on 31st August, 2021 filed an applications for correction of details in Memo of parties filed as Annexure to I.A. No. 74891 of 2021 and application for deletion of Administrator of Yes Bank Limited as a party respondent from I.A. No. 29723 of 2021 alongwith applications for seeking exemption from filing attested notarized affidavit. The said applications have been registered as Interlocutory Application Nos. 108389/2021, 108702/2021, 108390/2021 and 108394/2021 and were listed before the Hon'ble Judge in Chamber and the following order was passed on 17-09-2021

"IA No. 108389/2021 - Application for correction of details in memo of parties filed as Annexure to I.A. No. 74891 of 2021 filed on behalf of the petitioner with prayer, is allowed. The Registry to do the needful accordingly.

IA No. 108390/2021 -Application for deletion of Administrator of Yes Bank as party respondent from I.A. No. 29723 of 2021 is allowed at the risk of the petitioner. Cause Title be amended accordingly."

Accordingly, notice were issued to all the respondents in Interlocutory Application Nos. 106769/2020, 119127/2020, 29723/2020 & 74891/2021 through Registered A.D. Post on 27.09.2021 as well as Dasti on 24.09.2021.

It is submitted that as per postal authority tracking report notices have been delivered to Respondent Nos. 1 to 3 in I.A. No. 106769 /2020 on 01.10.2021, 04.01.2021 and 04.01.2021 respectively, but no one has filed Vakalatnama and Memo of appearance on their behalf so far and notice to respondent No. 4 in I.A. No. 119127/2020 has been delivered on 28.09.2021 and Mr. R.K. Prashar has on 20.10.2021 filed memo of appearance alongwith application for permission to appear and argue in person. The application has been registered as I.A No. 135517/2021 and was placed before the Ld. Registrar (J-IV) under/ Proviso to Order IV Rule 1(c), Supreme Court Rules, 2013 for interaction on 28th October, 2021. The report dated 28th October, 2021 of Ld. Registrar (J-IV) is enclosed herewith for kind perusal of the Hon'ble Court. 

It is further submitted that Mr. R.K. Prashar, Respondent No. 4 in person in I.A. No. 119127 of 2020 has on 11.11.2021 filed synopsis of reply alongwith reply Affidavit. Copy of the same has been included in the paper books. Notice of hearing for 01.02.2022 was issued by way of e-mail dated 31.01.2022.

It is also submitted that notice have been delivered to respondent Nos. 5 & 6 in I.A. NO. 29723/2021 on 30.09.2021 and Mr. Sudhir Kumar Gupta, Advocate has on 20th October, 2021 filed Vakalatnama and memo of appearance on their behalf but has not filed Counter Affidavit. Lastly, notice have been delivered to Respondent Nos. 7 to 10 in I.A. No. 74891 of 2021 /W.P (C) No. 4255/2021 on 28.09.2021, 01.10.2021 respectively but no one has filed Vakalatnama and memo of appearance on their behalf so far.

It is submitted that Mr. Shardul S. Shroff, Counsel for the Petitioner has on 08.10.2021 filed Affidavit of Dasti service alongwith proof in respect of all the respondents in I.A. Nos. 106769/2020, 119127/2020, 29723/2021 and I.A. NO. 74891 of 2021/W.P (C) NO. 4255 of 2021.  

It is further submitted that Mr. Shardul S. Shroff, Counsel for petitioner has on 13.09.2021 filed application for amendment of petition alongwith an application for exemption from filing duly attested Affidavit. The said application has been registered as Interlocutory Application Nos. 115796 of 2021 and 115797 of 2021. Copy of the same has been included in the paper books.

It is also submitted that M/s. Mukesh Kumar Singh & Co. ,Advocates on behalf of Respondent No. 4 (Mr. PR Murugappan, in W.P(C) No. 9568 of 2020) has on 13.09.2021 filed Counter Affidavit alongwith application for exemption from filing notarized Affidavit. Copy of the same has been included in the paper books. 

It is submitted that Mr. Shardul S. Shroff, Counsel for petitioner has on 12.01.2022 filed application for amendment of petition alongwith an application for exemption from filing duly attested Affidavit. The said application has been registered as Interlocutory Application Nos. 5634 of 2022 and 5635 of 2022. Copy of the same has been included in the paper books.

It is submitted that Ms. Nidhi, Advocate has on 06.01.2022 filed Vakalatnama and memo of appearance on behalf of Respondent No. 1 (i.e., Mohan lal Nigam) in I.A. No. 106769 of 2020 but has not filed Counter Affidavit so far.

Service of show cause notice is complete on all the Respondents in all the four IAs No. 106769/2020, 119127/2020, 29723/2021 and 74891 of 2021 /W.P (C) No. 4255 of 2021 as well as on all the respondents in all the Transfer Petitions. 

The applications alongwith the matter above mentioned is listed before the Hon'ble Court with this Office Report.

Dated : January 31 2022

Copy to :-