SUPREME COURT OF INDIA
BHARAT KUMAR JALAN S/D/W/Thru:- LATE TOLARAM JALAN : 18 BALLYGUNGE PARK ROAD , DISTRICT: KOLKATA ,KOLKATA , WEST BENGAL – Appellant
Versus
ADITYA JALAN S/D/W/Thru:- LATE SHYAMSUNDAR JALAN : R/AT 2801 2, BEAUMONDE TOWER APPASAHEB MARATHE MARG PRABHADEVI ,MUMBAI , MAHARASHTRA – Respondent
None 002779/2019
['KARANJAWALA & CO', 'BIJOY KUMAR JAIN[caveat][caveat', 'KHAITAN & CO [caveat', 'KHAITAN & CO [R']
SECTION XVI
LISTED ON: 31.07.2019
COURT NO.: 01
ITEM NO. : 43
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 27792782 of 2019
(With prayer for interimrelief)
RAJENDRA BAJORIA & ORS.
...PETITIONERS
Versus
HEMANT KUMAR JALAN & ORS.
...RESPONDENTS
OFFICE REPORT
The matters abovementioned were listed before the Hon’ble
Court on 15.2.2019, when the Court was pleased to pass the
following order:
“Application for bringing on record the legal
representatives of the deceased petitioner no.6 is
allowed.
Issue notice on the special leave petitions as
also on the prayer for interim relief, returnable on
25.3.2019.
In the meantime, the parties are directed to
maintain status quo, as it exists today, and the interim
order dated 18.5.2017 passed by the Calcutta High Court
in GA No. 1730/2017 in CS No. 79/2017 shall continue.”
It is submitted that as per order quoted above cause title
has been amended accordingly and included in the paperbooks.
Accordingly, returnable show cause notice was issued to
Respondent Nos. 1 & 2 through M/s. Bijoy Kr. Jain & Khaitan & Co,
Advocates and Respondent Nos. 3 to 24 through registered A.D.
post.
M/s.
Khaitan
&
Co.,
Advocates
have
filed
Vakalatnama/Appearance and counter affidavit on behalf of
respondent nos. 2, 3, 7, 8, 9, 11, 12, 16, 17, 18, 19, 20 and 21.
As per tracking report notice has been delivered to Respondent
Nos. 4, 5, 10, 13, 14, 15, 22, 23 & 24 but no one has entered
appearance on their behalf, so far and tracking report in respect
of Respondent No. 6 remarks shown “Insufficient Address”.
It is further submitted that Mr. Bijoy Kumar Jain, counsel
for respondent nos. 1 has filed counter affidavit.
2
Thereafter, the matters abovementioned were again listed
before the Hon’ble Court on 25.3.2019, when the Court was pleased
to pass the following order:
“Service is not complete.
List these matters after service is complete.
Dasti is permitted.
Interim orders to continue in the meantime.”
It is submitted that fresh show cause notice was issued to
unserved respondent no. 6 by registered A.D. post as well as by
dasti mode. As per tracking report remarks shown “Item Despatched
to Parcel hub delhi” in respect of respondent no. 6.
It is further submitted that counsel for petitioner has not
filed affidavit of dasti service alongwith proof of service in
respect of respondent no. 6, so far.
Service of notice is incomplete on respondent no. 6.
The matters abovementioned are listed before the Hon’ble
Court with this Office report.
Dated this the 30th day of July, 2019.
ASSISTANT REGISTRAR
Copy to:
M/s. Karanjawala & Co., Advocates
Mr. Bijoy Kumar Jain, Advocate
M/s. Khaitan & Co., Advocates
ASSISTANT REGISTRAR