1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO.25355 OF 2011 STATE OF PUNJAB & ORS. ..PETITIONER(S) VERSUS SOM NATH GUPTA ..RESPONDENT(S) WITH SPECIAL LEAVE PETITION (C) NO.23268 OF 2011 SPECIAL LEAVE PETITION (C) NO.25356 OF 2011 SPECIAL LEAVE PETITION (C) NO.25357 OF 2011 SPECIAL LEAVE PETITION (C) NO.25359 OF 2011 SPECIAL LEAVE PETITION (C) NO.25360 OF 2011 SPECIAL LEAVE PETITION (C) NO.25361 OF 2011 SPECIAL LEAVE PETITION (C) NO.25362 OF 2011 SPECIAL LEAVE PETITION (C) NO.25363 OF 2011
2 SPECIAL LEAVE PETITION (C) NO.25366 OF 2011 SPECIAL LEAVE PETITION (C) NO.25367 OF 2011 SPECIAL LEAVE PETITION (C) NO.25369 OF 2011 SPECIAL LEAVE PETITION (C) NO.25370 OF 2011 SPECIAL LEAVE PETITION (C) NO.25377 OF 2011 SPECIAL LEAVE PETITION (C) NO.25378 OF 2011 SPECIAL LEAVE PETITION (C) NO.25379 OF 2011 SPECIAL LEAVE PETITION (C) NO.25380 OF 2011 SPECIAL LEAVE PETITION (C) NO.25381 OF 2011 SPECIAL LEAVE PETITION (C) NO.25382 OF 2011 O R D E R 1. These Special Leave Petitions are directed against the final judgment(s) and
3 order(s) passed by the High Court of Punjab and Haryana in Civil Writ Petition No. 893 of 2008, dated 03.12.2010, whereby and whereunder, the High Court allowed the appeal partly, relying upon the judgment and order in the case of Sudarshna Devi and Anr. v. State of Punjab and Ors. in Civil Writ Petition No. 16323/2008, dated 02.03.2010 and in the case of Budh Ram and Ors. v. State of Haryana in Civil Writ Petition No. 2799/2008, dated 22.05.2009. It was held that the respondents shall continue to draw their retiral benefits and no recovery shall be effected from them. It was further directed that the amount, if already recovered, shall be refunded to the respondents. The instant special leave petition impugns the judgment and order of the High Court to the extent it holds that no recovery shall be effected from the respondents and to refund the amount which is already recovered from the respondents.
4 2. The issues raised in these special leave petitions are more or less identical with the issues raised and considered by this Court in Civil Appeal No.11527 of 2014 “ State of Punjab and Others Etc. vs. Rafiq Masih (White Washer) Etc.”, 2014 (14) Scale 300, and connected matters, disposed of on 18.12.2014. In the said case the issue pertained to grant of monetary benefits to the employees, which were in excess of their entitlement. The benefits had flowed to them, consequent upon a mistake committed by the concerned competent authority, in determining the emoluments payable to them. Thus the issue in the said case was, whether the respondents, against whom an order of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer? 3. This court while answering the above issue observed the following:
5 “ Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer's right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made.” This Court further observed the following: “ As between two parties, if a determination is rendered in favour of the party, which is the weaker of the two, without any serious detriment to the other (which is truly a welfare State), the issue resolved would be in consonance with the concept of justice, which is assured to the citizens of India, even in the preamble of the Constitution of India. The right to recover being pursued by the employer, will have to be compared, with the effect of the recovery on the concerned employee. If the effect of the recovery from the concerned employee would be, more unfair, more wrongful, more
6 improper, and more unwarranted, than the corresponding right of the employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery. In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover.” 4. Therefore, following the observations made in the aforesaid civil appeals, these special leave petitions filed by the State of Punjab are also disposed of. Ordered accordingly. .............CJI. (H.L. DATTU) ...............J. (A.K. SIKRI) ...............J. (ARUN MISHRA) NEW DELHI; FEBRUARY 18 , 2015.
7 ITEM NO.10 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)No. 25355/2011 (Arising out of impugned final judgment and order dated 03/12/2010 in CWP No. 893/2008 passed by the High Court of Punjab & Haryana at Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS SOM NATH GUPTA Respondent(s) (With office report) WITH SLP(C) No. 23268/2011 (With prayer for interim relief and Office Report) SLP(C) No. 25356/2011 (With Office Report) SLP(C) No. 25357/2011 (With Office Report) SLP(C) No. 25359/2011 (With Office Report) SLP(C) No. 25360/2011 (With Office Report) SLP(C) No. 25361/2011 (With Office Report) SLP(C) No. 25362/2011 (With Office Report) SLP(C) No. 25363/2011 (With Office Report)
8 SLP(C) No. 25366/2011 (With Office Report) SLP(C) No. 25367/2011 (With Office Report) SLP(C) No. 25369/2011 (With Office Report) SLP(C) No. 25370/2011 (With Office Report) SLP(C) No. 25377/2011 (With Office Report) SLP(C) No. 25378/2011 (With Office Report) SLP(C) No. 25379/2011 (With Office Report) SLP(C) No. 25380/2011 (With Office Report) SLP(C) No. 25381/2011 (With Office Report) SLP(C) No. 25382/2011 (With Office Report) Date: 18/02/2015 These petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Nikhil Nayyar, AAG Mr. Dhananjay Baijal, Adv. Mr. Kuldip Singh,Adv. Ms. Kaveeta Wadia,Adv. For Respondent(s) Mr. P.N. Puri, Adv. Mr. Abhishek Puri, Adv.
9 Mr. Amit Chopra, Adv. Ms. Reeta Dewan Puri, Adv. Mr. Gaurav Sharma, Adv. Mr. Dinesh Verma, Adv. Mr. Rajat Sharma, Adv. Mr. Subhashish Bhowmick, Adv. Mr. S. K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv. UPON hearing the counsel the Court made the following O R D E R Special leave petitions are disposed of in terms of the signed order. Pending application(s), if any, stand disposed of. (Neetu Khajuria) Sr.P.A. (Vinod Kulvi) Assistant Registrar (Signed order is placed on the file.)
1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO.25355 OF 2011 STATE OF PUNJAB & ORS. ..PETITIONER(S) VERSUS SOM NATH GUPTA ..RESPONDENT(S) WITH SPECIAL LEAVE PETITION (C) NO.23268 OF 2011 SPECIAL LEAVE PETITION (C) NO.25356 OF 2011 SPECIAL LEAVE PETITION (C) NO.25357 OF 2011 SPECIAL LEAVE PETITION (C) NO.25359 OF 2011 SPECIAL LEAVE PETITION (C) NO.25360 OF 2011 SPECIAL LEAVE PETITION (C) NO.25361 OF 2011 SPECIAL LEAVE PETITION (C) NO.25362 OF 2011 SPECIAL LEAVE PETITION (C) NO.25363 OF 2011
2 SPECIAL LEAVE PETITION (C) NO.25366 OF 2011 SPECIAL LEAVE PETITION (C) NO.25367 OF 2011 SPECIAL LEAVE PETITION (C) NO.25369 OF 2011 SPECIAL LEAVE PETITION (C) NO.25370 OF 2011 SPECIAL LEAVE PETITION (C) NO.25377 OF 2011 SPECIAL LEAVE PETITION (C) NO.25378 OF 2011 SPECIAL LEAVE PETITION (C) NO.25379 OF 2011 SPECIAL LEAVE PETITION (C) NO.25380 OF 2011 SPECIAL LEAVE PETITION (C) NO.25381 OF 2011 SPECIAL LEAVE PETITION (C) NO.25382 OF 2011 O R D E R 1. These Special Leave Petitions are directed against the final judgment(s) and
3 order(s) passed by the High Court of Punjab and Haryana in Civil Writ Petition No. 893 of 2008, dated 03.12.2010, whereby and whereunder, the High Court allowed the appeal partly, relying upon the judgment and order in the case of Sudarshna Devi and Anr. v. State of Punjab and Ors. in Civil Writ Petition No. 16323/2008, dated 02.03.2010 and in the case of Budh Ram and Ors. v. State of Haryana in Civil Writ Petition No. 2799/2008, dated 22.05.2009. It was held that the respondents shall continue to draw their retiral benefits and no recovery shall be effected from them. It was further directed that the amount, if already recovered, shall be refunded to the respondents. The instant special leave petition impugns the judgment and order of the High Court to the extent it holds that no recovery shall be effected from the respondents and to refund the amount which is already recovered from the respondents.
4 2. The issues raised in these special leave petitions are more or less identical with the issues raised and considered by this Court in Civil Appeal No.11527 of 2014 “ State of Punjab and Others Etc. vs. Rafiq Masih (White Washer) Etc.”, 2014 (14) Scale 300, and connected matters, disposed of on 18.12.2014. In the said case the issue pertained to grant of monetary benefits to the employees, which were in excess of their entitlement. The benefits had flowed to them, consequent upon a mistake committed by the concerned competent authority, in determining the emoluments payable to them. Thus the issue in the said case was, whether the respondents, against whom an order of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer? 3. This court while answering the above issue observed the following:
5 “ Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer's right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made.” This Court further observed the following: “ As between two parties, if a determination is rendered in favour of the party, which is the weaker of the two, without any serious detriment to the other (which is truly a welfare State), the issue resolved would be in consonance with the concept of justice, which is assured to the citizens of India, even in the preamble of the Constitution of India. The right to recover being pursued by the employer, will have to be compared, with the effect of the recovery on the concerned employee. If the effect of the recovery from the concerned employee would be, more unfair, more wrongful, more
6 improper, and more unwarranted, than the corresponding right of the employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery. In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover.” 4. Therefore, following the observations made in the aforesaid civil appeals, these special leave petitions filed by the State of Punjab are also disposed of. Ordered accordingly. .............CJI. (H.L. DATTU) ...............J. (A.K. SIKRI) ...............J. (ARUN MISHRA) NEW DELHI; FEBRUARY 18 , 2015.
7 ITEM NO.10 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)No. 25355/2011 (Arising out of impugned final judgment and order dated 03/12/2010 in CWP No. 893/2008 passed by the High Court of Punjab & Haryana at Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS SOM NATH GUPTA Respondent(s) (With office report) WITH SLP(C) No. 23268/2011 (With prayer for interim relief and Office Report) SLP(C) No. 25356/2011 (With Office Report) SLP(C) No. 25357/2011 (With Office Report) SLP(C) No. 25359/2011 (With Office Report) SLP(C) No. 25360/2011 (With Office Report) SLP(C) No. 25361/2011 (With Office Report) SLP(C) No. 25362/2011 (With Office Report) SLP(C) No. 25363/2011 (With Office Report)
8 SLP(C) No. 25366/2011 (With Office Report) SLP(C) No. 25367/2011 (With Office Report) SLP(C) No. 25369/2011 (With Office Report) SLP(C) No. 25370/2011 (With Office Report) SLP(C) No. 25377/2011 (With Office Report) SLP(C) No. 25378/2011 (With Office Report) SLP(C) No. 25379/2011 (With Office Report) SLP(C) No. 25380/2011 (With Office Report) SLP(C) No. 25381/2011 (With Office Report) SLP(C) No. 25382/2011 (With Office Report) Date: 18/02/2015 These petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Nikhil Nayyar, AAG Mr. Dhananjay Baijal, Adv. Mr. Kuldip Singh,Adv. Ms. Kaveeta Wadia,Adv. For Respondent(s) Mr. P.N. Puri, Adv. Mr. Abhishek Puri, Adv.
9 Mr. Amit Chopra, Adv. Ms. Reeta Dewan Puri, Adv. Mr. Gaurav Sharma, Adv. Mr. Dinesh Verma, Adv. Mr. Rajat Sharma, Adv. Mr. Subhashish Bhowmick, Adv. Mr. S. K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv. UPON hearing the counsel the Court made the following O R D E R Special leave petitions are disposed of in terms of the signed order. Pending application(s), if any, stand disposed of. (Neetu Khajuria) Sr.P.A. (Vinod Kulvi) Assistant Registrar (Signed order is placed on the file.)
SECTION IV B Listed on 18.02.2015 Court No. 1 IN THE SUPREME COURT OF INDIA Item No. CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL)NOS. 25355, 23268, 25356, 25357, 25359, 25360, 25361, 25362, 25363, 25366, 25367, 25369, 25370, 25377, 25378, 25379, 25380, 25381 AND 25382 OF 2011. WITH PRAYER FOR INTERIM RELIEF STATE OF PUNJAB & ORS. Etc. Petitioner(s) VERSUS SOM NATH GUPTA, ETC. Respondent(s) OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 19.08.2011, when the Court was pleased to pass the following order: " Delay condoned. Issue notice." It is submitted that service position in each matter is as follows: SLP Nos. Total Resp. V/A C/A Served thr. Regd. A.D. Unserd Resp. Remarks 25355 1 1 Incomplete 23268 1 1 Complete 25356 1 1 Complete 25357 1 1 Complete 25359 1 1 Complete 25360 1 1 Complete 25361 7 6 1,3,5 2,4,7 Incomplete 25362 3 13 (Reply received by Post not taken on record) Complete 25363 7 2,3,4 & 7 1,5 Incomplete (SLP qua R6 stands dismissed vide orders dated 1.9.14 & 2.2.15 of Hon'ble Court (In Chambers)
SLP Nos. Total Resp. V/A C/A Served thr. Regd. A.D. Unserd Resp. Remarks 25366 1 1 Incomplete 25367 5 2 2 35 1 Incomplete 25369 1 1 Complete 25370 1 Written statement in Reply to SLP received by Post from sole respondent on 19.11.14 but no memo of appearance filed . Complete 25377 4 14 Complete 25378 1 1 Incomplete 25379 1 1 Complete 25380 1 1 1 1 Complete 25381 3 13 Complete 25382 1 1 Complete It is further submitted that standing counsel for the State of Punjab has also not filed appearance for the petitionerState of Punjab in place of erstwhile Advocate Ms. Kavita Wadia in Special Leave Petition (C) Nos. 23268, 25361, 25362, 25377, 25378, 25379, 25380, 25381 and 25382 of 2011 so far. The matters are listed before the Hon'ble Court with this office report. Dated this the 17 th day of February, 2015. ASSISTANT REGISTRAR Copy to : Mr. Kuldip Singh, Adv. Mr. R.K. Adsure, Adv. Ms. Kavita Wadia, Adv. Mr. S.K. Sabharwal, Adv. Mr. Subhashish Bhowmick,Adv. Mr. Gaurav Sharma, Adv. Mr. P.N. Puri, Adv. ASSISTANT REGISTRAR
Haokip
SECTION IV B Listed on 18.02.2015 Court No. 1 IN THE SUPREME COURT OF INDIA Item No. CIVIL APPELLATE JURISDICTION PETITIONS FOR SPECIAL LEAVE TO APPEAL(CIVIL)NOS. 25355, 23268, 25356, 25357, 25359, 25360, 25361, 25362, 25363, 25366, 25367, 25369, 25370, 25377, 25378, 25379, 25380, 25381 AND 25382 OF 2011. WITH PRAYER FOR INTERIM RELIEF STATE OF PUNJAB & ORS. Etc. Petitioner(s) VERSUS SOM NATH GUPTA, ETC. Respondent(s) OFFICE REPORT The matters above mentioned were listed before the Hon'ble Court on 19.08.2011, when the Court was pleased to pass the following order: " Delay condoned. Issue notice." It is submitted that service position in each matter is as follows: SLP Nos. Total Resp. V/A C/A Served thr. Regd. A.D. Unserd Resp. Remarks 25355 1 1 Incomplete 23268 1 1 Complete 25356 1 1 Complete 25357 1 1 Complete 25359 1 1 Complete 25360 1 1 Complete 25361 7 6 1,3,5 2,4,7 Incomplete 25362 3 13 (Reply received by Post not taken on record) Complete 25363 7 2,3,4 & 7 1,5 Incomplete (SLP qua R6 stands dismissed vide orders dated 1.9.14 & 2.2.15 of Hon'ble Court (In Chambers)
SLP Nos. Total Resp. V/A C/A Served thr. Regd. A.D. Unserd Resp. Remarks 25366 1 1 Incomplete 25367 5 2 2 35 1 Incomplete 25369 1 1 Complete 25370 1 Written statement in Reply to SLP received by Post from sole respondent on 19.11.14 but no memo of appearance filed . Complete 25377 4 14 Complete 25378 1 1 Incomplete 25379 1 1 Complete 25380 1 1 1 1 Complete 25381 3 13 Complete 25382 1 1 Complete It is further submitted that standing counsel for the State of Punjab has also not filed appearance for the petitionerState of Punjab in place of erstwhile Advocate Ms. Kavita Wadia in Special Leave Petition (C) Nos. 23268, 25361, 25362, 25377, 25378, 25379, 25380, 25381 and 25382 of 2011 so far. The matters are listed before the Hon'ble Court with this office report. Dated this the 17 th day of February, 2015. ASSISTANT REGISTRAR Copy to : Mr. Kuldip Singh, Adv. Mr. R.K. Adsure, Adv. Ms. Kavita Wadia, Adv. Mr. S.K. Sabharwal, Adv. Mr. Subhashish Bhowmick,Adv. Mr. Gaurav Sharma, Adv. Mr. P.N. Puri, Adv. ASSISTANT REGISTRAR
Haokip
èF 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO.25355 OF 2011 STATE OF PUNJAB & ORS. ..PETITIONER(S) VERSUS SOM NATH GUPTA ..RESPONDENT(S) WITH SPECIAL LEAVE PETITION (C) NO.23268 OF 2011 SPECIAL LEAVE PETITION (C) NO.25356 OF 2011 SPECIAL LEAVE PETITION (C) NO.25357 OF 2011 SPECIAL LEAVE PETITION (C) NO.25359 OF 2011 SPECIAL LEAVE PETITION (C) NO.25360 OF 2011 SPECIAL LEAVE PETITION (C) NO.25361 OF 2011 SPECIAL LEAVE PETITION (C) NO.25362 OF 2011Signature Not VerifiedDigitally signed by SPECIAL LEAVE PETITION (C) NO.25363 OF 2011NEETU KHAJURIADate: 2015.02.2611:18:03 ISTReason: 2 SPECIAL LEAVE PETITION (C) NO.25366 OF 2011 SPECIAL LEAVE PETITION (C) NO.25367 OF 2011 SPECIAL LEAVE PETITION (C) NO.25369 OF 2011 SPECIAL LEAVE PETITION (C) NO.25370 OF 2011 SPECIAL LEAVE PETITION (C) NO.25377 OF 2011 SPECIAL LEAVE PETITION (C) NO.25378 OF 2011
SPECIAL LEAVE PETITION (C) NO.25379 OF 2011 SPECIAL LEAVE PETITION (C) NO.25380 OF 2011 SPECIAL LEAVE PETITION (C) NO.25381 OF 2011 SPECIAL LEAVE PETITION (C) NO.25382 OF 2011 O R D E R1. These Special Leave Petitionsare directed against the final judgment(s) and 3order(s) passed by the High Court of Punjab andHaryana in Civil Writ Petition No. 893 of 2008,dated 03.12.2010, whereby and whereunder, theHigh Court allowed the appeal partly, relyingupon the judgment and order in the case ofSudarshna Devi and Anr. v. State of Punjab andOrs. in Civil Writ Petition No. 16323/2008, dated02.03.2010 and in the case of Budh Ram and Ors.v. State of Haryana in Civil Writ Petition No.2799/2008, dated 22.05.2009. It was held that therespondents shall continue to draw their retiralbenefits and no recovery shall be effected fromthem. It was further directed that the amount, ifalready recovered, shall be refunded to therespondents. The instant special leave petitionimpugns the judgment and order of the High Courtto the extent it holds that no recovery shall beeffected from the respondents and to refund theamount which is already recovered from therespondents. 4
2. The issues raised in these special leavepetitions are more or less identical with theissues raised and considered by this Court inCivil Appeal No.11527 of 2014 "State of Punjaband Others Etc. vs. Rafiq Masih (White Washer)Etc.", 2014 (14) Scale 300, and connectedmatters, disposed of on 18.12.2014. In the saidcase the issue pertained to grant of monetarybenefits to the employees, which were in excessof their entitlement. The benefits had flowed tothem, consequent upon a mistake committed by theconcerned competent authority, in determining theemoluments payable to them. Thus the issue in thesaid case was, whether the respondents, againstwhom an order of recovery (of the excess amount)has been made, should be exempted in law, fromthe reimbursement of the same to the employer?3. This court while answering the above issueobserved the following: 5 "Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer's right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made."This Court further observed thefollowing: "As between two parties, if a determination is rendered in favour of the party, which is the weaker of the two, without any
serious detriment to the other (which is truly a welfare State), the issue resolved would be in consonance with the concept of justice, which is assured to the citizens of India, even in the preamble of the Constitution of India. The right to recover being pursued by the employer, will have to be compared, with the effect of the recovery on the concerned employee. If the effect of the recovery from the concerned employee would be, more unfair, more wrongful, more 6 improper, and more unwarranted, than the corresponding right of the employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery. In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover."4. Therefore, following the observations madein the aforesaid civil appeals, these specialleave petitions filed by the State of Punjab arealso disposed of. Ordered accordingly. .............CJI. (H.L. DATTU) ...............J. (A.K. SIKRI) ...............J. (ARUN MISHRA)NEW DELHI;FEBRUARY 18, 2015. 7ITEM NO.10 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)No. 25355/2011(Arising out of impugned final judgment and order dated03/12/2010 in CWP No. 893/2008 passed by the High Court ofPunjab & Haryana at Chandigarh)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report)WITHSLP(C) No. 23268/2011(With prayer for interim relief and Office Report) SLP(C) No. 25356/2011(With Office Report) SLP(C) No. 25357/2011(With Office Report) SLP(C) No. 25359/2011(With Office Report) SLP(C) No. 25360/2011(With Office Report) SLP(C) No. 25361/2011(With Office Report) SLP(C) No. 25362/2011(With Office Report) SLP(C) No. 25363/2011(With Office Report) 8 SLP(C) No. 25366/2011(With Office Report) SLP(C) No. 25367/2011(With Office Report) SLP(C) No. 25369/2011(With Office Report) SLP(C) No. 25370/2011(With Office Report) SLP(C) No. 25377/2011(With Office Report) SLP(C) No. 25378/2011(With Office Report) SLP(C) No. 25379/2011(With Office Report) SLP(C) No. 25380/2011(With Office Report) SLP(C) No. 25381/2011
(With Office Report) SLP(C) No. 25382/2011(With Office Report)Date: 18/02/2015 These petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ARUN MISHRAFor Petitioner(s) Mr. Nikhil Nayyar, AAG Mr. Dhananjay Baijal, Adv. Mr. Kuldip Singh,Adv. Ms. Kaveeta Wadia,Adv.For Respondent(s) Mr. P.N. Puri, Adv. Mr. Abhishek Puri, Adv. 9 Mr. Amit Chopra, Adv. Ms. Reeta Dewan Puri, Adv. Mr. Gaurav Sharma, Adv. Mr. Dinesh Verma, Adv. Mr. Rajat Sharma, Adv. Mr. Subhashish Bhowmick, Adv. Mr. S. K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv.UPON hearing the counsel the Court made the following O R D E R Special leave petitions are disposed of in terms of the signed order. Pending application(s), if any, stand disposed of. (Neetu Khajuria) (Vinod Kulvi) Sr.P.A. Assistant Registrar (Signed order is placed on the file.)
èF 1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO.25355 OF 2011 STATE OF PUNJAB & ORS. ..PETITIONER(S) VERSUS SOM NATH GUPTA ..RESPONDENT(S) WITH SPECIAL LEAVE PETITION (C) NO.23268 OF 2011 SPECIAL LEAVE PETITION (C) NO.25356 OF 2011 SPECIAL LEAVE PETITION (C) NO.25357 OF 2011 SPECIAL LEAVE PETITION (C) NO.25359 OF 2011 SPECIAL LEAVE PETITION (C) NO.25360 OF 2011 SPECIAL LEAVE PETITION (C) NO.25361 OF 2011 SPECIAL LEAVE PETITION (C) NO.25362 OF 2011Signature Not VerifiedDigitally signed by SPECIAL LEAVE PETITION (C) NO.25363 OF 2011NEETU KHAJURIADate: 2015.02.2611:18:03 ISTReason: 2 SPECIAL LEAVE PETITION (C) NO.25366 OF 2011 SPECIAL LEAVE PETITION (C) NO.25367 OF 2011 SPECIAL LEAVE PETITION (C) NO.25369 OF 2011 SPECIAL LEAVE PETITION (C) NO.25370 OF 2011 SPECIAL LEAVE PETITION (C) NO.25377 OF 2011 SPECIAL LEAVE PETITION (C) NO.25378 OF 2011
SPECIAL LEAVE PETITION (C) NO.25379 OF 2011 SPECIAL LEAVE PETITION (C) NO.25380 OF 2011 SPECIAL LEAVE PETITION (C) NO.25381 OF 2011 SPECIAL LEAVE PETITION (C) NO.25382 OF 2011 O R D E R1. These Special Leave Petitionsare directed against the final judgment(s) and 3order(s) passed by the High Court of Punjab andHaryana in Civil Writ Petition No. 893 of 2008,dated 03.12.2010, whereby and whereunder, theHigh Court allowed the appeal partly, relyingupon the judgment and order in the case ofSudarshna Devi and Anr. v. State of Punjab andOrs. in Civil Writ Petition No. 16323/2008, dated02.03.2010 and in the case of Budh Ram and Ors.v. State of Haryana in Civil Writ Petition No.2799/2008, dated 22.05.2009. It was held that therespondents shall continue to draw their retiralbenefits and no recovery shall be effected fromthem. It was further directed that the amount, ifalready recovered, shall be refunded to therespondents. The instant special leave petitionimpugns the judgment and order of the High Courtto the extent it holds that no recovery shall beeffected from the respondents and to refund theamount which is already recovered from therespondents. 4
2. The issues raised in these special leavepetitions are more or less identical with theissues raised and considered by this Court inCivil Appeal No.11527 of 2014 "State of Punjaband Others Etc. vs. Rafiq Masih (White Washer)Etc.", 2014 (14) Scale 300, and connectedmatters, disposed of on 18.12.2014. In the saidcase the issue pertained to grant of monetarybenefits to the employees, which were in excessof their entitlement. The benefits had flowed tothem, consequent upon a mistake committed by theconcerned competent authority, in determining theemoluments payable to them. Thus the issue in thesaid case was, whether the respondents, againstwhom an order of recovery (of the excess amount)has been made, should be exempted in law, fromthe reimbursement of the same to the employer?3. This court while answering the above issueobserved the following: 5 "Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer's right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made."This Court further observed thefollowing: "As between two parties, if a determination is rendered in favour of the party, which is the weaker of the two, without any
serious detriment to the other (which is truly a welfare State), the issue resolved would be in consonance with the concept of justice, which is assured to the citizens of India, even in the preamble of the Constitution of India. The right to recover being pursued by the employer, will have to be compared, with the effect of the recovery on the concerned employee. If the effect of the recovery from the concerned employee would be, more unfair, more wrongful, more 6 improper, and more unwarranted, than the corresponding right of the employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery. In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover."4. Therefore, following the observations madein the aforesaid civil appeals, these specialleave petitions filed by the State of Punjab arealso disposed of. Ordered accordingly. .............CJI. (H.L. DATTU) ...............J. (A.K. SIKRI) ...............J. (ARUN MISHRA)NEW DELHI;FEBRUARY 18, 2015. 7ITEM NO.10 COURT NO.1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)No. 25355/2011(Arising out of impugned final judgment and order dated03/12/2010 in CWP No. 893/2008 passed by the High Court ofPunjab & Haryana at Chandigarh)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report)WITHSLP(C) No. 23268/2011(With prayer for interim relief and Office Report) SLP(C) No. 25356/2011(With Office Report) SLP(C) No. 25357/2011(With Office Report) SLP(C) No. 25359/2011(With Office Report) SLP(C) No. 25360/2011(With Office Report) SLP(C) No. 25361/2011(With Office Report) SLP(C) No. 25362/2011(With Office Report) SLP(C) No. 25363/2011(With Office Report) 8 SLP(C) No. 25366/2011(With Office Report) SLP(C) No. 25367/2011(With Office Report) SLP(C) No. 25369/2011(With Office Report) SLP(C) No. 25370/2011(With Office Report) SLP(C) No. 25377/2011(With Office Report) SLP(C) No. 25378/2011(With Office Report) SLP(C) No. 25379/2011(With Office Report) SLP(C) No. 25380/2011(With Office Report) SLP(C) No. 25381/2011
(With Office Report) SLP(C) No. 25382/2011(With Office Report)Date: 18/02/2015 These petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ARUN MISHRAFor Petitioner(s) Mr. Nikhil Nayyar, AAG Mr. Dhananjay Baijal, Adv. Mr. Kuldip Singh,Adv. Ms. Kaveeta Wadia,Adv.For Respondent(s) Mr. P.N. Puri, Adv. Mr. Abhishek Puri, Adv. 9 Mr. Amit Chopra, Adv. Ms. Reeta Dewan Puri, Adv. Mr. Gaurav Sharma, Adv. Mr. Dinesh Verma, Adv. Mr. Rajat Sharma, Adv. Mr. Subhashish Bhowmick, Adv. Mr. S. K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv.UPON hearing the counsel the Court made the following O R D E R Special leave petitions are disposed of in terms of the signed order. Pending application(s), if any, stand disposed of. (Neetu Khajuria) (Vinod Kulvi) Sr.P.A. Assistant Registrar (Signed order is placed on the file.)
ITEM NO.12 REGISTRAR COURT. 2 SECTION IVB 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 Petition(s) for Special Leave to Appeal (C) No(s). 25355/2011 STATE OF PUNJAB & ORS. Petitioner(s) VERSUS SOM NATH GUPTA Respondent(s) (with office report) WITH SLP(C) Nos. 25356, 25357, 25359, 25360, 25361, 25362, 25366, 25367, 25369, 25370, 25377, 25378, 25379, 25380, 25381 & 25382/2011 (With Office Report) Date : 05/02/2015 This petition was called on for hearing today. For Petitioner(s) Mr.K.K.Mahalik,adv. Mr. Kuldip Singh,Adv. Ms.Kaveeta Wadia,adv. For Respondent(s) Mr.S.K.Sabharwal,adv. Mr.Ravindra Keshavrao Adsure,adv. Mr.Gaurav Sharma,adv. Mr.P.N.Puri,adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) Nos.25355, 25361, 25366 & 25378/2011 Await the return of the service of notice already issued to the unserved respondents. SLP(C) No.25367/2011 The office report states that although by order dated 21.11.2014 of this Court, two weeks time as last chance was given to the Ld.counsel for the petitioners to file the spare copies of the petition whereafter notice was directed to be issued to the ….......2
ITEM NO.12 -2- respondents, yet he has not done the needful so far. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders and list thereafter. SLP(C) No.25356, 25357, 25359, 25360, 25362, 25369, 25377, 25379, 25380, 25381 & 25382/2011 The office report is that service of notice is complete on the respondents in all the petitions numbered above, but no one has entered appearance on their behalf. Viewed in that context, these shall be processed for listing before the Hon'ble Court on their own turn. SLP(C) No.25370/2011 The sole respondent shall file the counter affidavit within a period of four weeks, whereafter no further extension shall be provided. Four weeks time as last chance is given to the Ld.counsel for the petitioners to comply with the terms of the order dated 21.11.2014 of this Court. List again on 14.04.2015. (M K HANJURA) Registrar SB
ITEM NO.12 REGISTRAR COURT. 2 SECTION IVB 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 Petition(s) for Special Leave to Appeal (C) No(s). 25355/2011 STATE OF PUNJAB & ORS. Petitioner(s) VERSUS SOM NATH GUPTA Respondent(s) (with office report) WITH SLP(C) Nos. 25356, 25357, 25359, 25360, 25361, 25362, 25366, 25367, 25369, 25370, 25377, 25378, 25379, 25380, 25381 & 25382/2011 (With Office Report) Date : 05/02/2015 This petition was called on for hearing today. For Petitioner(s) Mr.K.K.Mahalik,adv. Mr. Kuldip Singh,Adv. Ms.Kaveeta Wadia,adv. For Respondent(s) Mr.S.K.Sabharwal,adv. Mr.Ravindra Keshavrao Adsure,adv. Mr.Gaurav Sharma,adv. Mr.P.N.Puri,adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) Nos.25355, 25361, 25366 & 25378/2011 Await the return of the service of notice already issued to the unserved respondents. SLP(C) No.25367/2011 The office report states that although by order dated 21.11.2014 of this Court, two weeks time as last chance was givenSignature Not VerifiedDigitally signed bySushma Kumari Bajaj to the Ld.counsel for the petitioners to file the spare copies ofDate: 2015.02.0615:18:09 ISTReason: the petition whereafter notice was directed to be issued to the ..........2ITEM NO.12 -2-respondents, yet he has not done the needful so far. Viewed in thatcontext, the matter shall be processed for listing before theHon'ble Judge in Chambers for further future directions. Awaitorders and list thereafter.
SLP(C) No.25356, 25357, 25359, 25360, 25362, 25369, 25377, 25379,25380, 25381 & 25382/2011 The office report is that service of notice is complete on therespondents in all the petitions numbered above, but no one hasentered appearance on their behalf. Viewed in that context, theseshall be processed for listing before the Hon'ble Court on theirown turn. SLP(C) No.25370/2011 The sole respondent shall file the counter affidavit within aperiod of four weeks, whereafter no further extension shall beprovided. Four weeks time as last chance is given to the Ld.counsel forthe petitioners to comply with the terms of the order dated21.11.2014 of this Court. List again on 14.04.2015. (M K HANJURA) RegistrarSB
ITEM NO.34 COURT NO.13 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 25363/2011 (Arising out of impugned final judgment and order dated 11/10/2010 in CWP No. 3591/2005 passed by the High Court Of Punjab & Haryana At Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS HARMEET SINGH & ORS. Respondent(s) (office report for directions) Date : 02/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI [IN CHAMBER] For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Kuldip Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of this Court's Order dated 01.09.2014, the Petition stands abated qua Respondent No. 6. (NEELAM GULATI) COURT MASTER (SNEH LATA SHARMA) COURT MASTER
ò ITEM NO.34 COURT NO.13 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 25363/2011 (Arising out of impugned final judgment and order dated 11/10/2010 in CWP No. 3591/2005 passed by the High Court Of Punjab & Haryana At Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS HARMEET SINGH & ORS. Respondent(s) (office report for directions) Date : 02/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI [IN CHAMBER] For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Kuldip Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of this Court's Order dated 01.09.2014, the Petition stands abated qua Respondent No. 6. (NEELAM GULATI) (SNEH LATA SHARMA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byUsha Rani BhardwajDate: 2015.02.0316:31:37 ISTReason:
ITEM NO.20 1 REGISTRAR COURT. 2 SECTION IVB 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 Petition(s) for Special Leave to Appeal (C) No(s). 25355/2011 STATE OF PUNJAB & ORS. Petitioner(s) VERSUS SOM NATH GUPTA Respondent(s) (with office report) WITH SLP(C) No. 23268/2011 (With Interim Relief and Office Report) SLP(C) No. 25356/2011 (With Office Report) SLP(C) No. 25357/2011 (With Office Report) SLP(C) No. 25359/2011 (With Office Report) SLP(C) No. 25360/2011 (With Office Report) SLP(C) No. 25361/2011 (With Office Report) SLP(C) No. 25362/2011 (With Office Report) SLP(C) No. 25366/2011 (With Office Report) SLP(C) No. 25367/2011 (With Office Report) SLP(C) No. 25369/2011 (With Office Report) SLP(C) No. 25370/2011 (With Office Report) SLP(C) No. 25377/2011 (With Office Report) SLP(C) No. 25378/2011 (With Office Report) SLP(C) No. 25379/2011 (With Office Report) SLP(C) No. 25380/2011 (With Office Report) SLP(C) No. 25381/2011 (With Office Report)
ITEM NO.20 2 SLP(C) No. 25382/2011 (With Office Report) Date : 21/11/2014 These petitions were called on for hearing today. For Petitioner(s) Mr. K.K. Mahalik,Adv. Mr. Kuldip Singh,Adv. Ms. Kaveeta Wadia,Adv. For Respondent(s) Mr. S. K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Ms. Reeta Dewan Puri,Adv. Mr. P. N. Puri,Adv. Mr. Subhasish Bhowmick,Adv. Mr. Prateek Bhatia,Adv. Mr. Gaurav Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) Nos. 25355, 25361, 25366 and 25378/2011 Await the return of the service of notice already issued to the unserved respondents. The served respondents shall be at liberty to file the counter affidavit within a period of four weeks. SLP(C) No. 25367/2011 Two weeks time, as last chance is given to the learned counsel for the petitioners for filing the spare copies of the petition whereafter notice shall be issued to the respondents with utmost dispatch. SLP(C) No. 23268/2011 The sole respondent has failed to file the counter affidavit within the period stipulated under the rules. Viewed thus, the matter shall be processed for listing before the Hon'ble Court under the rules , if and when the connected one gets ready for listing.
ITEM NO.20 3 SLP(C) No. 25356,25357,25359,25360, 25362,25369,25377, 25379, 25380, 25381 and 25382/2011 Respondents shall be at liberty to file the counter affidavit within a period of four weeks, in case they intend to do so, whereafter no further extension shall be given. SLP(C) No.25370/2011 T he sole respondent shall comply with the terms of the office report within a period of three weeks. T he learned counsel for the petitioners in SLP(C) Nos. 23268, 25361, 25362, 25377, 25378, 25379, 25380, 25381 and 25382 shall comply with the terms of the office report within a period of three weeks. List again on 5.2.2015. (M K HANJURA) Registrar MG
° ITEM NO.20 1 REGISTRAR COURT. 2 SECTION IVB 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 Petition(s) for Special Leave to Appeal (C) No(s). 25355/2011 STATE OF PUNJAB & ORS. Petitioner(s) VERSUS SOM NATH GUPTA Respondent(s) (with office report) WITH SLP(C) No. 23268/2011 (With Interim Relief and Office Report) SLP(C) No. 25356/2011 (With Office Report) SLP(C) No. 25357/2011 (With Office Report) SLP(C) No. 25359/2011 (With Office Report) SLP(C) No. 25360/2011 (With Office Report) SLP(C) No. 25361/2011 (With Office Report) SLP(C) No. 25362/2011 (With Office Report) SLP(C) No. 25366/2011 (With Office Report) SLP(C) No. 25367/2011 (With Office Report) SLP(C) No. 25369/2011 (With Office Report) SLP(C) No. 25370/2011 (With Office Report) SLP(C) No. 25377/2011 (With Office Report) SLP(C) No. 25378/2011 (With Office Report) SLP(C) No. 25379/2011Signature Not Verified (With Office Report)Digitally signed byMadhu GroverDate: 2014.11.22 SLP(C) No. 25380/201112:14:12 ISTReason: (With Office Report) SLP(C) No. 25381/2011 (With Office Report)ITEM NO.20 2 SLP(C) No. 25382/2011(With Office Report)Date : 21/11/2014 These petitions were called on for hearing today.
For Petitioner(s) Mr. K.K. Mahalik,Adv. Mr. Kuldip Singh,Adv. Ms. Kaveeta Wadia,Adv.For Respondent(s) Mr. S. K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Ms. Reeta Dewan Puri,Adv. Mr. P. N. Puri,Adv. Mr. Subhasish Bhowmick,Adv. Mr. Prateek Bhatia,Adv. Mr. Gaurav Sharma,Adv. UPON hearing the counsel the Court made the following O R D E RSLP(C) Nos. 25355, 25361, 25366 and 25378/2011 Await the return of the service of notice already issued tothe unserved respondents. The served respondents shall be atliberty to file the counter affidavit within a period of fourweeks.SLP(C) No. 25367/2011 Two weeks time, as last chance is given to the learned counselfor the petitioners for filing the spare copies of the petitionwhereafter notice shall be issued to the respondents with utmostdispatch.SLP(C) No. 23268/2011 The sole respondent has failed to file the counter affidavitwithin the period stipulated under the rules. Viewed thus, thematter shall be processed for listing before the Hon'ble Courtunder the rules, if and when the connected one gets ready forlisting.ITEM NO.20 3SLP(C) No. 25356,25357,25359,25360, 25362,25369,25377, 25379,25380, 25381 and 25382/2011 Respondents shall be at liberty to file the counter affidavitwithin a period of four weeks, in case they intend to do so,whereafter no further extension shall be given.SLP(C) No.25370/2011 The sole respondent shall comply with the terms of the officereport within a period of three weeks. The learned counsel for the petitioners in SLP(C) Nos. 23268,25361, 25362, 25377, 25378, 25379, 25380, 25381 and 25382 shallcomply with the terms of the office report within a period of threeweeks. List again on 5.2.2015.
(M K HANJURA) RegistrarMG
ITEM NO.28 REGISTRAR COURT. 2 SECTION IVB 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 Petition(s) for Special Leave to Appeal (C) No(s). 25355/2011 STATE OF PUNJAB & ORS. Petitioner(s) VERSUS SOM NATH GUPTA Respondent(s) (With Office Report) WITH SLP(C) No. 23268/2011 SLP(C) No. 25356/2011 SLP(C) No. 25357/2011 SLP(C) No. 25359/2011 SLP(C) No. 25360/2011 SLP(C) No. 25361/2011 SLP(C) No. 25362/2011 SLP(C) No. 25366/2011 SLP(C) No. 25367/2011 SLP(C) No. 25369/2011 SLP(C) No. 25370/2011 SLP(C) No. 25377/2011 SLP(C) No. 25378/2011 SLP(C) No. 25379/2011 SLP(C) No. 25380/2011 SLP(C) No. 25381/2011 SLP(C) No. 25382/2011 (With Office Report) Date : 04/09/2014 These petitions were called on for hearing today. For Petitioner(s) Mr. K.K. Mahalik,Adv. Mr. Kuldip Singh,Adv. Ms. Kaveeta Wadia,Adv. For Respondent(s) Mr. S. K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. P. N. Puri,Adv. Mr. Subhasish Bhowmick,Adv.
Item No. 28 - 2 - Mr. Prateak Bhatia,Adv. Mr. Gaurav Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R Fresh steps for the service of notice to the unserved respondents in all the matters shall be taken by the learned counsel for the petitioners within a period of four weeks. The learned counsel for the respondents in SLP(C) No. 25381/2011 seeks and is given four weeks' time to file the counter affidavit. The other served respondents shall also be at liberty to file the counter affidavit within the period stipulated above . Four weeks time, as last chance is given to the learned counsel for the sole respondent in SLP(C) No. 23268/2011 to file the counter affidavit. List again on 21.11.2014. (M K HANJURA) Registrar MG
6 ITEM NO.28 REGISTRAR COURT. 2 SECTION IVB 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 Petition(s) for Special Leave to Appeal (C) No(s). 25355/2011 STATE OF PUNJAB & ORS. Petitioner(s) VERSUS SOM NATH GUPTA Respondent(s) (With Office Report) WITH SLP(C) No. 23268/2011 SLP(C) No. 25356/2011 SLP(C) No. 25357/2011 SLP(C) No. 25359/2011 SLP(C) No. 25360/2011 SLP(C) No. 25361/2011 SLP(C) No. 25362/2011 SLP(C) No. 25366/2011 SLP(C) No. 25367/2011 SLP(C) No. 25369/2011 SLP(C) No. 25370/2011 SLP(C) No. 25377/2011 SLP(C) No. 25378/2011 SLP(C) No. 25379/2011 SLP(C) No. 25380/2011 SLP(C) No. 25381/2011 SLP(C) No. 25382/2011 (With Office Report) Date : 04/09/2014 These petitions were called on for hearing today. For Petitioner(s) Mr. K.K. Mahalik,Adv. Mr. Kuldip Singh,Adv.Signature Not Verified Ms. Kaveeta Wadia,Adv.Digitally signed byMadhu GroverDate: 2014.09.06 For Respondent(s)11:30:11 ISTReason: Mr. S. K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. P. N. Puri,Adv. Mr. Subhasish Bhowmick,Adv.Item No. 28 - 2 - Mr. Prateak Bhatia,Adv. Mr. Gaurav Sharma,Adv. UPON hearing the counsel the Court made the following O R D E R
Fresh steps for the service of notice to the unservedrespondents in all the matters shall be taken by the learnedcounsel for the petitioners within a period of four weeks. Thelearned counsel for the respondents in SLP(C) No. 25381/2011 seeksand is given four weeks' time to file the counter affidavit. Theother served respondents shall also be at liberty to file thecounter affidavit within the period stipulated above. Four weeks time, as last chance is given to the learnedcounsel for the sole respondent in SLP(C) No. 23268/2011 to filethe counter affidavit. List again on 21.11.2014. (M K HANJURA) RegistrarMG
ITEM NO.43 COURT NO.14 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 25363/2011 (Arising out of impugned final judgment and order dated 11/10/2010 in CWP No. 3591/2005 passed by the High Court Of Punjab & Haryana At Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS HARMEET SINGH & ORS. Respondent(s) (office report for directions) Date : 01/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA [IN CHAMBER] For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Kuldip Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Despite order dated 27.01.2014, no steps have been taken. Finally two weeks' time granted to bring lrs. Of deceased respondent no. 6, failing which the petition qua him shall abate without further reference to the Court. (VINOD KUMAR) (H.S. PARASHER) COURT MASTER COURT MASTER
^ ITEM NO.43 COURT NO.14 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 25363/2011 (Arising out of impugned final judgment and order dated 11/10/2010 in CWP No. 3591/2005 passed by the High Court Of Punjab & Haryana At Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS HARMEET SINGH & ORS. Respondent(s) (office report for directions) Date : 01/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA [IN CHAMBER] For Petitioner(s) Mr. K.K. Mahalik, Adv. Mr. Kuldip Singh,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Despite order dated 27.01.2014, no steps have been taken. Finally two weeks' time granted to bring lrs. Of deceased respondent no. 6, failing which the petition qua him shall abate without further reference to the Court. (VINOD KUMAR) (H.S. PARASHER) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byVinod KumarDate: 2014.09.0816:00:29 ISTReason:
¦ ITEM NO.26 COURT NO.12 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).25363/2011 (Arising out of impugned final judgment and order dated 11/10/2010 in CWP No. 3591/2005 passed by the High Court Of Punjab & Haryana At Chandigarh) STATE OF PUNJAB & ORS. Petitioner(s) VERSUS HARMEET SINGH & ORS. Respondent(s) (Office report for directions) Date : 21/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL [IN CHAMBER] For Petitioner(s) Mr. Kuldip Singh ,Adv. For Respondent(s) The Court made the following O R D E R Adjourned for a week. (SANJAY KUMAR) (SAROJ SAINI) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed bySanjay KumarDate: 2014.08.2313:09:19 ISTReason:
HITEM NO.6 REGISTRAR COURT.2 SECTION IVB 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. HANJURAPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report) ..2/-Item No.6 - 2 -SLP(C) NO. 25382 of 2011(With office report)Date: 21/04/2014 These Petitions were called on for hearing today.For Petitioner(s) Mr. R.K. Pandey,Adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia,Adv.For Respondent(s) Mr. P.N. Puri,Adv.
Mr. Ravindra Keshavrao Adsure,Adv. Mr. S.K. Sabharwal,Adv. Mr. Gaurav Sharma,Adv. Mr. Subhasish Bhowmick,Adv. UPON hearing counsel the Court made the following O R D E R SLP(C)No. 25363/2011 The office report indicates that the matter hasto be listed before the Hon'ble Judge in Chambers. List andawait orders. The served respondents shall have the liberty to filethe Counter affidavit within a period of four weeks, in casethey choose to do so. Await the return of the service of notice already issuedto the other respondents. List again on 8.8.2014. (M.K. Hanjura)mg Registrar
DITEM NO.34 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report) ..2/-Item No. 34 - 2 -Date: 27/01/2014 These Petitions were called on for hearing today.For Petitioner(s) Mr. Shubham Bhalla,Adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia,Adv.For Respondent(s) Mr. Ravindra Keshavrao Adsure,Adv. Mr. P.N. Puri,Adv. Mr. S.K. Sabharwal,Adv. Mr. Gaurav Sharma,Adv.
Mr. Subhasish Bhowmick,Adv. Mr. Gaurav Sharma,Adv. UPON hearing counsel the Court made the following O R D E R The learned counsel for the petitioner in SLP(C)No. 25363/2011 who was granted last opportunity for taking steps against the Lrs. of deceased respondent No.6 has not taken steps even now. Hence list the matter before the Hon'ble Judge in chamber for appropriate orders regarding non-prosecution. In all cases Await return of notice of the unserved respondents. List these matters on 21.4.2014.| | |(SUNIL THOMAS) ||mg | |Registrar |
ITEM NO.14 REGISTRAR COURT.1 SECTION IVB 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.HANJURAPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report) contd....2ITEM NO.14 -2-SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report)Date: 03/12/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.R.K.Pandey,adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia,adv.For Respondent(s)
Mr. Ravindra Keshavrao Adsure Mr. P.N. Puri Mr. Gaurav Sharma Mr. S.K. Sabharwal Mr. Subhasish Bhowmick UPON hearing counsel the Court made the following O R D E R Ld.counsel for the petitioner is present. Ld.counsel for the petitioner in SLP(C) No.25363/11 seeks two weeks time to take fresh steps for bringing on record the legal representatives of respondent No.6. Time as prayed for is granted to him as last chance. Await the return of the service of notice already issued to the sole respondent in SLP(C) Nos.25355/11, 25366/11 and 25378/11, respondent Nos. 1,2, 4 and 7 in SLP(C) No.25361/2011 and respondent No.1 in SLP(C) No.25367/2011. List again on 27.01.2014.| | |(M.K.HANJURA) || | |Registrar |SB
VITEM NO.43 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report) contd....2ITEM NO.43 -2-SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report)Date: 27/09/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.K.K.Mahalik,adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia
For Respondent(s) Mr. P.N. Puri Mr. S.K. Sabharwal Mr. Ravindra Keshavrao Adsure Mr. Subhasish Bhowmick Mr. Gaurav Sharma UPON hearing counsel the Court made the following O R D E R Await return of notice of the unserved respondents. It is submitted by the Ld.counsel for the petitioner that respondent No.6 has expired. Seeks time for taking steps against the Lrs. Granted. List the matter on 3.12.2013.| | |(Sunil Thomas) || | |Registrar |SB
6ITEM NO.27 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report) contd....2ITEM NO.27 -2-SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report)Date: 02/08/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.Shubham Bhalla,adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia
For Respondent(s) Mr. P.N. Puri Mr. S.K. Sabharwal Mr. Ravindra Keshavrao Adsure Mr. Subhasish Bhowmick Mr. Gaurav Sharma UPON hearing counsel the Court made the following O R D E R Ld.counsel for the petitioner is granted four more weeks time for taking steps against the Lrs. of deceased respondent No.6. Await return of notice of the unserved respondents. List the matter on 27.09.2013.| | |(Sunil Thomas) || | |Registrar |SB
ðITEM NO.42 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report) ...2/-Item No.42 : 2 :Date: 03/05/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. Kuldip Singh,Adv. Ms. Kavita Wadia,Adv.For Respondent(s)
Mr. P.N. Puri,Adv. Mr. S.K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv. Mr. Subhasish Bhowmick,Adv. Mr. Gaurav Sharma,Adv. UPON hearing counsel the Court made the following O R D E R Office report indicates that respondent No.6 in SLP(C)No.25363/2011 had died and not in SLP(C)No.25361/2011 hence the earlier order dated 13.3.2013 stands corrected to that extent. Counsel for the petitioner in SLP(C)No.25363/2011 is directed to take steps to bring on record the Lrs. of deceased respondent No.6. In the meanwhile, served respondents may file their respective counter affidavit. List the matters on 2.8.2013.| | |(SUNIL THOMAS) ||s | |Registrar |
àITEM NO.36 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report) contd....2ITEM NO.36 -2-SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report)Date: 13/03/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.Shubham Bhalla,adv. Ms.Pooja,adv.
Mr. Kuldip Singh,Adv. Ms. Kavita WadiaFor Respondent(s) Mr. P.N. Puri Mr. S.K. Sabharwal Mr. Ravindra Keshavrao Adsure Mr. Subhasish Bhowmick Ms.Surbhi Mehta,adv. Mr. Gaurav Sharma UPON hearing counsel the Court made the following O R D E R In SLP(C) No.25361/11 Ld.counsel for the petitioner is granted four weeks time to bring on record the lrs. of deceased 6th respondent. On behalf of advocate Mr.Gaurav Sharma that copy of the pleadings has not been served on him. Petitioner is directed to serve copy of the pleadings within two weeks and file proof. The above counsel may file counter affidavit within four weeks thereafter. List the matter on 3.05.2013.| | |(Sunil Thomas) || | |Registrar |SB
>ITEM NO.21 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report) contd....2ITEM NO.21 -2-SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report)Date: 30/01/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.R.K.Pandey,adv. Mr. Kuldip Singh,Adv.
Ms. Kavita WadiaFor Respondent(s) Mr. P.N. Puri Mr. S.K. Sabharwal Mr. Ravindra Keshavrao Adsure Mr. Subhasish Bhowmick Mr. Gaurav Sharma Mr.Prabhoo Dayal Tiwari,adv. Mr.Rajiv Kumar,adv. UPON hearing counsel the Court made the following O R D E R It is reported that respondent No.6 in SLP(C) No.25361/11 is dead. Ld.counsel for the petitioner is directed to verify and to take steps, if any, against the Lrs. Await return of notice of the unserved respondents. In the meanwhile, the petitioner may take steps against the remaining unserved respondents also. List the matter 13.03.2013. | | |(Sunil Thomas) || | |Registrar |SB
ÌITEM NO.29 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report) contd....2ITEM NO.29 -2-SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report)Date: 21/09/2012 This Petition was called on for hearing today.For Petitioner(s) Mr.K.K.Mahalik,adv. Mr. Kuldip Singh,Adv.
Ms. Kavita WadiaFor Respondent(s) Ms.Reeta Dewan Puri,adv. Mr. P.N. Puri,adv. Mr. S.K. Sabharwal Mr. Ravindra Keshavrao Adsure Mr. Subhasish Bhowmick Mr. Gaurav Sharma UPON hearing counsel the Court made the following O R D E R Ld.counsel for the petitioner is directed to take fresh steps against all unserved respondents. List the matter on 9.11.2012.| | |(Sunil Thomas) || | |Registrar |SB
lITEM NO.40 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report) contd....2ITEM NO.40 -2-SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report)Date: 08/08/2012 This Petition was called on for hearing today.For Petitioner(s) Mr.K.K.Mahalik,adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia
For Respondent(s) Mr. P.N. Puri Mr. S.K. Sabharwal Mr. Ravindra Keshavrao Adsure Mr. Subhasish Bhowmick Mr. Gaurav Sharma UPON hearing counsel the Court made the following O R D E R Respondent No.2 has filed counter affidavit. Await return of notice of the unserved respondents. List the matter on 21.09.2012.| | |(Sunil Thomas) || | |Registrar |SB
úITEM NO.30 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report) ...2/-Item No.30 : 2 :Date: 30/04/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. R.K. Pandey,Adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia,Adv.For Respondent(s) Mr. S.K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv.
Mr. Subhasish Bhowmick,Adv. Mr. Gaurav Sharma,Adv. Ms. Reeta Dewan Puri,Adv. Mr. P.N. Puri,Adv. UPON hearing counsel the Court made the following O R D E R In SLP(C)No.25367/2011 counsel for the petitioners is directed to supply copy of the pleadings within two weeks to the counsel for respondent No.2 and file proof. Respondent No.2 shall file counter affidavit, if any, within four weeks thereafter. Await return of notice of the unserved respondents. List the matters on 16.7.2012. (SUNIL THOMAS)s Registrar
ITEM NO.43 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report) contd...2ITEM NO.43 -2-SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report)Date: 26/03/2012 This Petition was called on for hearing today.For Petitioner(s) Mr.K.K.Mahalik,adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia
For Respondent(s) Mr. S.K. Sabharwal Mr. Ravindra Keshavrao Adsure Mr. Subhasish Bhowmick Mr. Gaurav Sharma UPON hearing counsel the Court made the following O R D E R In SLP(C) No.25362/11 await report of the Supreme Court Legal Services Committee. In all other remaining cases, await return of notice of the unserved respondents. The served respondents are granted four weeks time for filing counter affidavit. List the matter on 30.04.2012. (Sunil Thomas) RegistrarSB
êITEM NO.58 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25355/2011STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With office report )WITH SLP(C) NO. 23268 of 2011(With prayer for interim relief and office report)SLP(C) NO. 25356 of 2011(With office report)SLP(C) NO. 25357 of 2011(With office report)SLP(C) NO. 25359 of 2011(With office report)SLP(C) NO. 25360 of 2011(With office report)SLP(C) NO. 25361 of 2011(With office report)SLP(C) NO. 25362 of 2011(With office report)SLP(C) NO. 25363 of 2011(With office report)SLP(C) NO. 25366 of 2011(With office report)SLP(C) NO. 25367 of 2011(With office report)SLP(C) NO. 25369 of 2011(With office report)SLP(C) NO. 25370 of 2011(With office report)SLP(C) NO. 25377 of 2011(With office report)SLP(C) NO. 25378 of 2011(With office report)SLP(C) NO. 25379 of 2011(With office report)SLP(C) NO. 25380 of 2011(With office report)SLP(C) NO. 25381 of 2011(With office report)SLP(C) NO. 25382 of 2011(With office report) ...2/-Item No.58 : 2 :Date: 07/02/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. K.K. Mahalik,Adv. Mr. Kuldip Singh,Adv. Ms. Kavita Wadia,Adv.For Respondent(s) Mr. S.K. Sabharwal,Adv. Mr. Ravindra Keshavrao Adsure,Adv.
Mr. Subhasish Bhowmick,Adv. Mr. Gaurav Sharma,Adv. Ms. Shurbhi Mehta,Adv. UPON hearing counsel the Court made the following O R D E R In SLP(C)No.25381/2011 service is complete. Counsel appearing for the respondents submits that he has not received copy of the pleadings. Counsel for the petitioner is directed to supply copy of the pleadings within two weeks to the counsel for the respondents and file proof. Respondents shall file counter affidavit, if any, within four weeks thereafter. In SLP(C)No.25362/2011 counsel for respondent No. 1 to 3 has sent a letter stating that they are poor employees and cannot engage counsel. Place this letter before the Supreme Court Legal Services Committee for considering whether legal aid can be granted. All the served respondents are granted four weeks time for filing counter affidavit. Await return of notice of the unserved respondents. List the matters on 26.3.2012. (SUNIL THOMAS)s Registrar
ITEM NO.52 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25367/2011STATE OF PUNJAB AND ORS. Petitioner(s) VERSUSAVTAR SINGH AND ORS. Respondent(s)(With office report )Date: 06/01/2012 This Petition was called on for hearing today.For Petitioner(s) Mr.M.K.Chaudhary,adv. Mr. Kuldip Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Await return of notice of all the respondents. List the matter on 13.02.2012. (Sunil Thomas) RegistrarSB
¾ITEM NO.86 REGISTRAR COURT.2 SECTION IVB 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).25367/2011STATE OF PUNJAB AND ORS. Petitioner(s) VERSUSAVTAR SINGH AND ORS. Respondent(s)(With office report )Date: 22/11/2011 This Petition was called on for hearing today.For Petitioner(s) Mr.K.K. Mahalik,adv. Mr. Kuldip Singh,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Ld.counsel for the petitioner seeks a weeks time for remitting the deficit process fee and spare copy. Granted. Issue notice. Await. List the matter on 6.01.2012. (Sunil Thomas) RegistrarSB
\214ITEM NOs.15+47 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 13108/2011(From the judgement and order dated 03/12/2010 in CWP No.893/2008of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)STATE OF PUNJAB & ORS. Petitioner(s) VERSUSSOM NATH GUPTA Respondent(s)(With appln(s) for c/delay in filing SLP and office report)WITH S.L.P.(C)...CC NO. 13142 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13336 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13419 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13436 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13437 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 13441 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13443 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13477 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13488 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13490 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13523 of 2011(With appln(s) for c/delay in filing SLP and office report)S.L.P.(C)...CC NO. 13526 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 13584 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 13606 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 13672 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)S.L.P.(C)...CC NO. 13721 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report) -2-S.L.P.(C)...CC NO. 13802 of 2011(With appln(s) for c/delay in filing SLP, c/delay in refiling SLPand office report)SLP(C) NO.23268 of 2011(With prayer for interim relief and office report)Date: 19/08/2011 These Petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJARFor Petitioner(s) Mr. Kuldip Singh, Adv. Ms. Kavita Wadia, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. (Sheetal Dhingra) (Juginder Kaur) COURT MASTER Assistant Registrar