SECTION IX

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 10095 OF 2023

WITH PRAYER FOR INTERIM RELIEF

WITH

IA NO. 99786/2023 - APPLICATION SEEKING VACATION OF EX-PARTE STAY ORDER DATED 8.5.2023 FILED BY M/S. D.S.K. LEGAL, ADVOCATE

AND

IA NO. 113492/2023 - APPLICATION FOR IMPLEADMENT ON BEHALF OF APPLICANT FILED BY MR. SURJENDU SANAKAR DAS, ADVOCATE

AND

IA NO. 113493/2023 - APPLICATION FOR EXEMPTION FROM FILING OFFCIAL TRANSLATION

AND

IA NO. 113494/2023 - APPLICATION SEEKING VACATION OF EX-PARTE  ORDER DATED 8.5.2023 FILED BY MR. SURJENDU SANAKAR DAS, ADVOCATE

AND

IA NO. 121123/2023 - APPLICATION FOR IMPLEADMENT ON BEHALF OF APPLICANT FILED BY MR. KUNAL MIMANI, ADVOCATE

AND

IA NO. 121125/2023 - APPLICATION SEEKING VACATION OF EX-PARTE INTERIM ORDER ORDER DATED 8.5.2023 FILED BY MR. KUNAL MIMANI, ADVOCATE

AND

IA D. NO. 148672/2023 - APPLICATION FOR INTERVENTION ON BEHALF OF APPLICANTS FILED BY MR. AKSHYA GIRISH RINGE, ADVOCATE

Process Id: 1186/2023

OFFICE REPORT

The matter above mentioned was listed before the Hon'ble Court, on 31st July, 2023, with office report dated 27.07.2023, when the court was pleased to pass the following order:

" List the matter including all the IAs [IA Nos. 121123 of 2023 and 121125 of 2023 and I.A. E.filing No. EA-SC1No.1-01347 of 2023] on 10.10.2023.

Pleadings to be completed in the meanwhile."

It is submitted that there are total seven respondents in this matter. In view of the order quoted above, show cause notice was issued to Respondent Nos. 1 and 2 through M/s. D.S.K. Legal, Advocate. Notice has been issued to Respondent Nos. 3 to 7 through  registered A.D. post. Mr. Shashank Singh, Mr. Shashibhushan P. Adgaonkar, Ms. Suchitra Atul Chitale and Mr. Aaditya A. Pande, Advocates have on 26.07.2023, 06.07.2023,  19.06.2023 and 28.07.2023 filed Vakalatnama/Appearance on behalf of Respondent Nos. 4, 5,  6 and 7 respectively but they have not filed their respective counter affidavits so far. As per tracking report, notice has been delivered to Respondent No. 3 but no one has entered appearance on its behalf so far.

It is further submitted that M/s. D.S.K. Legal, Advocate for Respondent Nos. 1 and 2 has on 11.05.2023 filed an application seeking vacation of ex-parte stay order dated 08.05.2023 alongwith annexure nos. A-1 to A-11 which has been registered as IA No. 99786/2023 (copy of the same has been included in the SLP paper books for the kind perusal of the Hon'ble Court).

It is further submitted that Mr. Surjendu Sankar Das, Advocate has on 02.06.2023 filed an application for impleadment to implead the applicant as respondent on behalf of applicant alongwith Annexure A-1 to A-13 and also filed application for exemption from filing official translation of Annexure A-1 and A-2  which have been registered as IA Nos. 113492 and 113493 of 2023 (copy of the same have been included in the SLP paper books for the kind perusal of the Hon'ble Court).

It is further submitted that Mr. Surjendu Sankar Das, Advocate has on 02.06.2023 also filed an application seeking vacation of ex-parte order dated 08.05.2023 with annexure A-1 to A-11 which has been registered as IA No. 113494/2023 (copy of the same has been included in the SLP paper books for the kind perusal of the Hon'ble Court).

It is further submitted that Mr. Kunal Mimani, Advocate has on 30.06.2023 filed an application for impleadment to implead the applicant as respondent  alongwith Annexure A-1 to A-8 which has been registered as IA No. 121123 of 2023 (copy of the same has been included in the SLP paper books for the kind perusal of the Hon'ble Court).

         It is further submitted that M/s. D.S.K. Legal, advocate for Respondent Nos. 1 and 2 has on 23.05.2023 filed a letter dated 22.05.2023 stating therein that they have served a letter dated 19.05.2023 to counsel for the petitioner seeking inspection of some documents (copy enclosed).

        It is further submitted that Mr. Akshay Girish Ringe, Advocate has on 01.08.2023 filed an application for intervention on behalf of applicants alongwith Vakalatnama/Appearance but the same has been found to be defective but the counsel has not cured the defects despite this registry's letter dated 11.08.2023. Since the matter is on board, copy of the application (IA D. No. 148672 of 2023) is being circulated herewith for the kind perusal of the Hon'ble Court.

          It is lastly submitted that M/s. D.S.K. Legal, Advocate for Respondent Nos. 1 and 2 has on 05.10.2023 filed affidavit in reply on their behalf with Annexures R-1 to R-13 but the same is defective for the reason that most of the pages are having small fonts and dim impression. Since the matter is on board, copy of the counter affidavit is being circulated herewith for the kind perusal of the Hon'ble Court.

The Petition above-mentioned is listed before the Hon'ble Court with this Office Report.

Dated : October 07, 2023

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