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Hongkong Andshanghai Banking Corp. ... vs Awaz . on 20 August, 2014

0(     ITEM NO.4                          REGISTRAR COURT. 2                   SECTION XVII

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS


                                           BEFORE THE REGISTRAR M K HANJURA

     Civil Appeal                No(s).    5273/2008

     HONGKONG & SHANGHAI BANKING CORP.LTD.                                Appellant(s)

                                                       VERSUS

     AWAZ & ORS.                                                          Respondent(s)

(with appln. (s) for ex-parte stay and modification and stay and office report) WITH C.A. No. 5278/2008 C.A. No. 5294/2008 C.A. No. 5627/2008 C.A. No. 6679/2008 (With office report) Date : 20/08/2014 This appeal was called on for hearing today.

For Appellant(s) Mr. Arun Kumar Beriwal ,Adv.

Mr. Chanchal Kumar Ganguli ,Adv.

Ms.Ruchika,adv.

Mr. Rajan Narain ,Adv.

Mrs Shiel Sethi ,Adv.

For Respondent(s) Mr. Chanchal Kumar Ganguli ,Adv.

Mr.Kuldep S.Parihar,adv.

Mr. H. S. Parihar ,Adv.

Mrs Shiel Sethi ,Adv.

Mrs Sheil Mohini Sethi ,Adv.

Ms.Neena Gupta,adv.

Ms.Bina Gupta,adv.

UPON hearing the counsel the Court made the following 16:09:05 IST Reason: O R D E R ..2 ITEM NO.4 -2- Civil Appeal No.5273/2008 Alternative arrangement notice was issued to the appellant in the matter. A.D.Card duly signed has been received back, but no one has entered appearance on behalf of the appellant.

What gets revealed from the perusal of the office report is that although by order dated 10.12.2012 of the Hon’ble Judge in Chambers four weeks time as last chance was given to the respondent Nos. 4 & 7 to file the statement of case with the rider that in case the same is not filed within the time provided, in that event, their right to file the same shall stand forfeited yet these respondents have not filed the statement of case within the stipulated period. Viewed thus, the matter shall be processed for listing before the Hon’ble Court under the rules.

Alternative arrangement notice was issued to the appellant in the matter. A.D.Card duly signed has been received back, but no one has entered appearance on behalf of the appellant.

What gets revealed from the perusal of the office report is that by order dated 10.12.2012 of the Hon’ble Judge in Chambers the respondent Nos. 2 & 3 have been ordered to be proceeded ex-parte. The other respondents have been served, but no one has entered appearance on their behalf. Therefore, the matter shall be processed for listing before the Hon’ble Court under the rules.

What gets revealed from the perusal of the office report is that the learned counsel for the appellant has filed the statement of case. The respondent Nos. 1 & 4 have not filed the statement of case within the time stipulated in the order dated 10.12.2012 of the Hon’ble Judge in Chambers. The respondent Nos. 5 & 7 have been .....3 ITEM NO.4 -3- served, but no one has entered appearance on their behalf. Viewed in that context,the matter shall be processed for listing before the Hon’ble Court under the rules.

What gets revealed from the perusal of the office report is that the appellant and the respondent Nos. 5,7 & 8 have already filed the statement of case and the right of the respondent Nos. 1 & 4 to file the same stands forfeited by order dated 20.09.2013 of the Hon’ble Judge in Chamber. The respondent Nos. 2,3 & 6 have been served, but no one has entered appearance on their behalf. Viewed in that context, the matter shall be processed for listing before the Hon’ble Court under the rules.

Fresh steps for the service of notice to the unserved respondent Nos.4 & 5 shall be taken by the Ld.counsel for the petitioner within a period of two weeks.

List again on 5.11.2014.

(M K HANJURA) Registrar SB