Listed On 05-12-2023
Court No. 8
Item No. 47

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


AND


IA D. NO. 251794/2023 - APPLICATION SEEKING PERMISSION TO INTERVENE ON BEHALF OF APPLICANT FILED BY MR. ARNAV NARAIN, ADVOCATE

Process Id: 1378/2023

SAGAR DEVRE AND ANOTHER Versus ... Petitioner
NAREDCO WEST FOUNDATION AND OTHERS ... Respondent

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. However counter affidavit has not been filed on behalf of Respondent Nos. 5 and 7 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 Mr. Kunal Mimani, Advocate has on 30.06.2023 also filed an application seeking vacation of ex-parte interim order dated 08.05.2023 on  behalf of applicant with annexure A-1 to A-8 which has been registered as IA No. 121125/2023 (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. 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 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 was defective for the reason that most of the pages are having small fonts and dim impression and the counsel has on 20.10.2023 cured the defects in the Counter affidavit by providing fresh counter affidavit with Vol. I and II. (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. G.S. Makker, advocate has on 13.10.2023 filed Vakalatnama/Appearance on behalf of Respondent No. 3 but not filed counter affidavit so far.

         It is further submitted that Mr. Kunal Mimani Advocate for propsed intervenor has on 11.10.2023 filed a letter referring order dated 02.08.2023 in  some other matter, wherein Mr. Narayan A. Shah, one of the partners of Mayfair Maru Developers who is applicant in the persent matter, is a petitioner and it was directed that the matter be placed before a bench of which His Lordship Hon'ble Mr. Justice Abhay S. Oka is not a member. (copy enclosed).

        It is further submitted that Mr. Shashank Singh and Ms. Suchitra Chitale, Advocates have on 13.10.2023 and 11.11.2023 filed counter affidavit on behalf of Respondent Nos. 4 and 6.

         It is further submitted that Mr. Ashutosh Ghade, Advocate has on 29.11.2023 filed Rejoinder Affidavit with Annexure RJ-1 & RJ-2, but the same has been found to be defective for the reason that - (i) Annexures are having small fonts and dim impression and , (ii) Proof of service of rejoinder affidavit upon Mr. Akshay Girish Ringe has not been filed. Since the matter is on board, copy of the same is being circulated herewith for the kind perusal of the Hon'ble Court.
         It is lastly submitted that Mr. Arnav Narain, Advocate has on 04.12.2023 filed an application seeking permission to intervene on behalf of the applicant - Macrotech Developers with Vakalatnama/Appearance alongwith annexures A1 to A6 but the same is defective for the reason that some of the annexures are having small fonts and dim impression, Since the matter is on board, copy of the same (i.e. IA D. No. 251794/2023)  is being circulated herewith for the kind perusal of the Hon'ble Court.



         Service of notice is compete.

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

Dated : December 04, 2023

ASSISTANT REGISTRAR














































































































Copy to :-

1. Mr. Ashutosh Ghade House No. 12 A, Block P, Third Floor, Jangpura Extenstion, New Delhi 110014 New Delhi
2. M/S. D.s.k. Legal 20-a, Lawyers Chambers,supreme Court Of India,new Delhi New Delhi
3. M/S. D.s.k. Legal 20-a, Lawyers Chambers,supreme Court Of India,new Delhi New Delhi
4. Mr. Kunal Mimani D-394, Defence Colony, New Delhi-110024 New Delhi
5. Mrs. Suchitra Atul Chitale B-111 Neeti Bagh New Delhi -110049 Delhi
6. Mr. Shashank Singh Chamber No. 306, D Block Addl. Building Complex, Supreme Court Of India, Mathura Road, New Delhi-110001. Kaushambi
7. Mr. Shashibhushan P. Adgaonkar B-66, Lajpat Nagar-ii, Opposite Arya Samaj Mandir, New Delhi - 110024 New Delhi
8. Mr. Aaditya Aniruddha Pande Flat No. 54, Second Floor Duplex, South Park Apartments, Kalkaji, New Delhi-110019 Up
9. Mr. Surjendu Sankar Das N-7, Basement, C.r. Park, New Delhi - 110019, Phone No.: 011-47087980 New Delhi
10. Mr. Akshay Girish Ringe N-2,iii Floor, South Extension Part I, New Delhi 49, Ph. 46477777 New Delhi
11. Mr. Gurmeet Singh Makker Ch . 75, Central Agency Section, Supreme Court Compound, New Delhi Delhi
12. Mr. Arnav Narain, Advocate

ASSISTANT REGISTRAR