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Supreme Court - Daily Orders

Mathala Chandrapati Rao vs Union Of India on 15 October, 2020

     ITEM NO.16                 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE
     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 SH. ANIL LAXMAN PANSARE

     Civil Appeal           No(s).   5826-5827/2019

     MATHALA CHANDRAPATI RAO                                      Appellant(s)

                                               VERSUS

     UNION OF INDIA & ORS.                                        Respondent(s)

     (FOR ADMISSION and IA No.48032/2019-CONDONATION OF DELAY IN FILING
     APPEAL and IA No.48033/2019-CONDONATION OF DELAY IN REFILING and IA
     No.48034/2019-CLARIFICATION/DIRECTION and IA No.48031/2019-
     PERMISSION TO APPEAR AND ARGUE IN PERSON )

     Date : 15-10-2020 These appeals were called on for hearing today.

     For Appellant(s)
                                     Petitioner-in-person

     For Respondent(s)
                                 Mr.   Abhimanyu Tewari, AOR
                                 Mr.   Piyush Upadhyay, Adv.
                                 Mr.   Darpan KM., Adv.
                                 Ms.   Amrita Sharma, Adv.
                                 Mr.   D. K. Devesh, AOR
                                 Mr.   M. Shoeb Alam, AOR
                                 Mr.   Jishnu M.L., Adv.
                                 Ms.   Priyanka Prakash, Adv.
                                 Ms.   Beena Prakash, Adv.
                                 Mr.   G. Prakash, AOR
                                 Mr.   Sandeep Sharma, Adv.
                                 Mr.   Akash Nandoliya, Adv.
                                 Mr.   Arjun Garg, AOR
                                 Ms.   Anupama Ng., Adv.
                                 Mr.   Karun Sharma, Adv.
                                 Mr.   Pukhrambam Ramesh Kumar, AOR
                                 Mr.   Avijit Mani Tripathi, AOR
                                 Mr.   Siddhesh Kotwal, Adv.
                                 Ms.   Ana Upadhyay, Adv.
                                 Ms.   Astha Sharma, AOR
                                 Mr.   Amit Kumar Singh, Adv.
                                 Ms.   K. Enatoli Sema, AOR
Signature Not Verified
                                 Mr.   Som Raj Choudhury, AOR
Digitally signed by
Anil Laxman Pansare
Date: 2020.10.17
                                 Mr.   Narendra Kumar, AOR
14:26:29 IST
Reason:                          Mr.   Vinodh Kanna B., AOR
                                 Mr.   Ajit Anekar, Adv.
                                 Ms.   Srija Choudhury, Adv.
                                 Ms.   Madhumita Bhattacharjee, AOR
                                 Mr.   V.K. Shukla, Adv.
Item No.16                        -2-

                   Mr. Sugam Mishra, Adv.
                   Ms. Rich Gangele, Adv.
                   Ms. Ritu Gangele, Adv.
                   Mr. Satish Kumar, AOR
                   Mr. Aniruddha Purushotham, Adv.
                   Mr. Tejaswi Kumar Pradhan, AOR
                   Ms. Anuja Pethia, Adv.
                   Ms. Vanshaja Shukla, AOR
                   Mr. Yogendra Pal Singh, Adv.
                   Mrs.Rachna Gupta, AOR
                   Mr. Avijit Roy, AOR
                   Ms. Yogmaya Agnihotri, Adv.
                   Mr. Rohit K. Singh, AOR
                   Mr. Shishir Deshpande, AOR
                   Ms. Nidhi Jaswal, Adv.
                   Ms. Manyaa Chandok, Adv.
                   Ms. Ruchi Kohli, AOR
                   Mr. Subhro Sanyal, AOR
                   Ms. Tulika Mukherjee, AOR
                   Ms. Beena Victor, Adv.
                   Mr. Reegan S Bell, Adv.
                   Mr. Jogy Scaria, AOR
                   Mr. Yash Pal Dhingra, AOR
                   Mr. Aniruddha Purushotham, Adv.
                   Mr. Satyabrata Panda, AOR
                   Mr. Rajarajeswaran, Adv.
                   Mr. M. Yogesh Kanna, AOR
                   Mr. Suraj Singh, Adv.
                   Mr. Pradeep Misra, AOR
                   Mr. D. N. Goburdhan, AOR
                   Mr. Anand Landge, Adv.
                   Mr. Rahul Chitnis, Adv.
                   Mr. Geo Joseph, Adv.
                   Mr. Sachin Patil, AOR
                   Mr. Kabir Shankar Bose, Adv.
                   Mr. Rahul Raj Mishra, Adv.
                   Mr. Shuvodeep Roy, AOR
                   Mr. D.N. Goburdhun, AOR
                   Ms. Anuja Pethia, Adv.
                   Ms. Vanshja Shukla, AOR

          UPON hearing the counsel through Video Conference, the
Court made the following
                             O R D E R

Respondent Nos.19, 31, 58 and 74 are granted four weeks’ time, as last opportunity, for filing counter affidavit, as one opportunity has already been granted vide order dated 28.8.2020.

Item No.16 -3-

Respondent No.70 has filed counter affidavit. Counter affidavit filed on behalf of respondent Nos.3, 8, 15, 16, 21, 50, 67, 72 and 78 is defective, as copy of counter affidavit has not been served upon the other side. Defects be cured within four weeks, as last opportunity.

Respondent Nos.8 and 67 have filed counter affidavit but after the opportunity was declined. Registry to make a specific mention in the office report at the time of listing the matter before the Hon’ble Court.

Service of notice of alternative arrangement on respondent No.83 is complete but none has entered appearance.

The office report shows that petitioner has not filed spare copy of the petition in respect of respondent Nos.27, 32, 33, 46, 48, 52-54, 61, 62 and 92 to 94. Petitioner has sent e-mail in which he has given e-mail address of the unserved respondents. Petitioner is directed to file affidavit of service in respect of the respondents upon whom he has served copy of pleadings through e-mail within four weeks.

As per office report, Ld. counsel for respondent No.56 has filed counter affidavit though opportunity to file counter affidavit has already been declined. Registry to make a specific mention in the office report at the time of listing the matter before the Hon’ble Court.

It has also been mentioned in the office report that Ld. counsel for respondent No.56 has not served the copy of counter affidavit upon the other side. However, Ld. counsel Item No.16 -4- for respondent No.56 submits that copy of counter affidavit has been served upon the other side and Acknowledgement to that effect has also been furnished. Registry to verify and process accordingly.

Ld. counsel for respondent No.72 submits that he has filed counter affidavit on 27.8.2020, however, the office report reveals that counter affidavit on behalf of respondent No.72 has been filed after the opportunity was declined by the Registrar Court vide order dated 28.8.2020. Registry to verify and process accordingly.

Ld. counsel for respondent No.26 appears and makes request for copy of pleadings. Registry to verify whether copy of pleadings has been sent alongwith notice. In the meantime, petitioner may furnish complete set of paper book to respondent No.26.

Ld. counsel for respondent No.27 appears and makes request for copy of pleadings. Since respondent No.27 has not been served with the notice, Petitioner is directed to furnish copy of pleadings immediately upon Ld. counsel for respondent No.27. Counter affidavit be filed within four weeks thereafter.

Registry is directed to serve soft copy of pleadings upon the standing counsels for State or Union Government upon whom service of notice only has been effected through authenticated e-mail.

Item No.16 -5-

Ld. counsels appearing for the first time are granted four weeks’ time to file vakalatnama and counter affidavit. Ld. Counsels appearing for the duly represented respondents appearing for the first time are granted four weeks time for filing counter affidavit.

Ld. Counsels who are already appearing for the served respondents are granted four weeks time as last opportunity for filing counter affidavit.

Ld. Counsels for the served respondents who were given last opportunity for filing counter affidavit and have not filed counter affidavit, their further opportunity stands declined.

List again on 25.11.2020.

ANIL LAXMAN PANSARE Registrar