Supreme Court - Daily Orders
Union Of India Through Secretary To ... vs Shivam Water Treaters Pvt. Ltd. on 3 September, 2020
ITEM NO.4 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE
SECTION XVI-A
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
Transfer Petition(s)(Civil) No(s). 973/2018
UNION OF INDIA THROUGH SECRETARY TO GOVERNMENT Petitioner(s)
VERSUS
SHIVAM WATER TREATERS PVT. LTD. & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.81186/2018-EX-PARTE STAY )
WITH
T.P.(C) No. 1008/2018 (XVI-A)
(FOR ADMISSION and IA No.83936/2018-EX-PARTE STAY)
T.P.(C) No. 989/2018 (XVI-A)
(FOR ADMISSION and IA No.82618/2018-EX-PARTE STAY)
T.P.(C) No. 1041/2018 (XVI-A)
(FOR ADMISSION and IA No.85913/2018-EX-PARTE STAY)
T.P.(C) No. 1043/2018 (XVI-A)
(FOR ADMISSION and IA No.86153/2018-EX-PARTE STAY)
T.P.(C) No. 1023/2018 (XVI-A)
(FOR ADMISSION and IA No.84995/2018-STAY APPLICATION)
T.P.(C) No. 1034/2018 (XVI-A)
(FOR ADMISSION and IA No.85490/2018-STAY APPLICATION)
T.P.(C) No. 993/2018 (XVI-A)
(FOR ADMISSION and IA No.82667/2018-EX-PARTE STAY)
Date : 03-09-2020 This petition was called on for hearing today.
For Petitioner(s)
Mr. Mukesh Kumar Maroria, AOR
For Respondent(s)
Mr. Pawanshree Agrawal, AOR
Mr. T. N. Singh, AOR
Mr. Ajay Kumar Talesara, AOR
Ms Shruti Jose, Adv.
Mr. P. S. Sudheer, AOR
Signature Not Verified
Mr Karan Khanna, Adv.
Digitally signed by
Anil Laxman Pansare
Date: 2020.09.04
Mr Siddhant Sharma, Adv.
14:25:17 IST
Reason: Mr Sumit Attri, AOR
M/S. Cyril Amarchand Mangaldas Aor, AOR
Mr. Karan Batura, AOR
-2-
Item No.4
UPON hearing the counsel through Video Conference, the
Court made the following
O R D E R
T.P.(C) No.973/2018
Record shows that on 30.7.2020, following order was passed: “T.P.(C) No.973/2018
Service is complete on respondent nos. 3 and 4 but none has entered appearance.
As per office report, ld. Counsel for the petitioner has to take fresh steps alongwith fresh particulars to effect service on respondent no.1 or file affidavit of dasti service.
However, ld. Counsel for respondent no.2 submits that the transfer petition has become infructuous because the petition of which transfer has been sought has already been disposed off on 20.4.2018 by the Gujarat High Court.
Ld.counsel for the petitioner to take instructions within four weeks and proceed in accordance with law...” Ld. Counsel for the petitioner seeks two weeks time to take instructions regarding the matter becoming infructuous. Granted.
Respondent no.2 is granted four weeks time for filing counter affidavit.
Service is complete on respondent nos. 3 and 4 but none has entered appearance.T.P.(C) No. 1034/2018
Service is complete on respondent no.1 but none has entered appearance.-3-
Item No.4 Record shows that on 30.7.2020 following order was passed:“T.P.(C) No. 1034/2018
Service is complete on respondent no.1 but none has entered appearance.
Ld. Counsel for respondent no.2 submits that the matter has become infructuous because the question of law has been decided and therefore, he does not wish to file counter affidavit.
Ld.counsel for the petitioner to take instructions within four weeks and proceed in accordance with law….” Respondent no.2 does not wish to file counter affidavit. Ld. Counsel for the petitioner seeks two weeks time to seek instructions regarding the matter becoming infructous. Granted. T.P.(C) No. 989/2018 Letter has been received from the High Court that no show cause notice alongwith petition has been received. Hence, re- issue notices immediately in respect of respondent nos. 1 and 2. T.P.(C) No. 1043/2018 Service is complete on respondent nos. 1 and 4 but none has entered appearance.
Service is complete on respondent no.3. Ld. Counsel appearing on behalf of respondent no.3 submits that the transfer petition pertains to DB CWP 4960/2017 before the High Court of Judicature at Rajasthan. The said petition has been disposed of on 15.7.2019 and against the final order of the Hon’ble High Court, SLP came to be filed before the Hon’ble Supreme Court bearing SLP© No.28312/2019. The same has been dismissed on 17.1.2020. Hence, according to him nothing survives in this petition and the transfer petition has become infructuous. -4-
Item No.4 Ld. Counsel for the petitioner seeks two weeks time to take instructions regarding the matter becoming infructous. Granted. Respondent no.2 has already filed counter affidavit. Respondent no.5 is granted four weeks time for filing counter affidavit.
T.P.(C) No. 1041/2018 Service is complete on the sole respondent but none has entered appearance.
T.P.(C) No. 1008/2018 Service is complete on respondent nos. 1 to 3 but none has entered appearance.
T.P.(C) No. 1023/2018 Sole respondent has failed to file counter affidavit despite last opportunity having been granted, as such, further opportunity is declined.
T.P.(C) No. 993/2018 Respondent no.1 has already filed counter affidavit. Ld. Counsel for the petitioner to take fresh steps alongwith fresh particulars to effect service on respondent no.2 within two weeks time, as last opportunity. List again on 28.10.2020.
ANIL LAXMAN PANSARE Registrar