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PHOENIX ARC PRIVATE LIMITED v. ZAZ MUSTANG

Supreme Court of India | Diary 10079/2021

Status

ROP - of Main Case

Decided On

13-07-2023

Bench

HON'BLE MR. JUSTICE L. NAGESWARA RAO and HON'BLE MR. JUSTICE ANIRUDDHA BOSE

Petitioner

PHOENIX ARC PRIVATE LIMITED

Respondent

ZAZ MUSTANG

Primary Holding

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Full Judgment Text

ITEM NO.1747 COURT NO.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 9226/2021 PHOENIX ARC PRIVATE LIMITED Petitioner(s) VERSUS ZAZMAN EXPORTS & ORS. Respondent(s) (INTERLOCUTORY APPLICATIONS (C) NOS. 53298, 53296 AND 53302 OF 2022 IN SLP (C) DY NO. 9226, 10079 AND 10075 OF 2021 (for withdrawal of SLPS in all the matters to be listed). IA No. 53298/2022 - WITHDRAWAL OF CASE / APPLICATION WITH Diary No(s). 10075/2021 (XI) FOR WITHDRAWAL OF CASE / APPLICATION ON IA 53302/2022 Diary No(s). 10079/2021 (XI) FOR WITHDRAWAL OF CASE / APPLICATION ON IA 53296/2022 Date : 13-07-2023 These applications were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA [IN CHAMBER] For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. B. Devasekhar, Adv. Mr. Chander Shekhar Ashri, AOR UPON hearing the counsel the Court made the following O R D E R IA No. 53298/2022 - WITHDRAWAL OF CASE / APPLICATION IN DIARY NO.9226/2021 FOR WITHDRAWAL OF CASE / APPLICATION ON IA 53302/2022 IN Diary No(s). 10075/2021 (XI) FOR WITHDRAWAL OF CASE / APPLICATION ON IA 53296/2022 IN Diary No(s). 10079/2021 The applications are allowed. Accordingly, the Special Leave Petitions are dismissed as withdrawn. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.22 REGISTRAR COURT. 1 SECTION XI 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. AVANI PAL SINGH SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 9226/2021 PHOENIX ARC PRIVATE LIMITED Petitioner(s) VERSUS ZAZMAN EXPORTS & ORS. Respondent(s) (ONLY DIARY NOS. 10079 AND 10075 OF 2021 ARE TO BE LISTED BEFORE LD. REGISTRAR COURT. ) WITH Diary No(s). 10075/2021 (XI) Diary No(s). 10079/2021 (XI) Date : 06-04-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Suresh Dutt Dobhal, Adv. Mr. Nirmal Goenka, Adv. Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. B. Devasekhar, Adv. Mr. Chander Shekhar Ashri, AOR UPON hearing the counsel, the Court made the following O R D E R Diary No(s). 10075/2021 Respondent Nos.2 and 5 have not filed counter affidavit, despite grant of sufficient opportunities. Petitioner has not filed proof of publication in respect of unserved respondent No.3, despite grant of final opportunity in that regard. Contd….

-2- As such, the matter be placed before the Hon’ble Judge in Chambers for necessary directions. Respondent Nos.4 and 6 have been duly served, however no one has entered appearance on their behalf. Respondent No.1 has already filed counter affidavit. Diary No(s). 10079/2021 Despite due service, no one has entered appearance on behalf of respondent No.5. Respondent Nos.2 to 4 have not filed counter affidavit, despite grant of sufficient opportunities. Respondent No.1 has already filed counter affidavit. Ld. Advocate, Mr. Nirmal Goenka, appearing on behalf of Mr. Gaurav Agrawal, Advocate-on-record for the petitioner and Ld. Advocate, Mr. B. Devasekhar, appearing on behalf of Mr. Chander Shekhar Ashri, Advocate-on-record for the respondent(s) in the matters submit that the parties have arrived at an amicable settlement and they have instructions to take appropriate steps for withdrawal of this matter. Submissions are taken on record. AVANI PAL SINGH Registrar

ITEM NO.29 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XI 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. AVANI PAL SINGH SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 9226/2021 PHOENIX ARC PRIVATE LIMITED Petitioner(s) VERSUS ZAZMAN EXPORTS & ORS. Respondent(s) (ONLY I.A. No. 27711 of 2022 (FOR CHANGE OF NAME OF NEWSPAPER) IN DY NO. 10075 OF 2021 IS TO BE LISTED BEFORE LD. REGISTRAR COURT. ) WITH Diary No(s). 10075/2021 (XI) (IA FOR APPLICATION FOR PERMISSION ON IA 27711/2022 IA No. 27711/2022 - APPLICATION FOR PERMISSION) Date : 07-03-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. B. Devasekhar, Adv. Mr. Chander Shekhar Ashri, AOR UPON hearing the counsel, the Court made the following O R D E R Diary No. 10075/2021 Respondent No.1 has already filed counter affidavit. Respondent Nos.2 and 5 have not filed counter affidavit, despite grant of final opportunity on the earlier occasion. Further opportunity stands declined. Contd….

-2- Ld. Counsel for the petitioner moves an application seeking permission to change the name of newspaper for substituted service in respect of unserved respondent No.3. The prayer is allowed and proof of publication shall be filed within four weeks, as last opportunity. Service is complete on respondent Nos.4 and 6, but no one has entered appearance on their behalf. List on 20.4.2022. AVANI PAL SINGH Registrar

ITEM NO.22 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XI 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. AVANI PAL SINGH SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 9226/2021 PHOENIX ARC PRIVATE LIMITED Petitioner(s) VERSUS ZAZMAN EXPORTS & ORS. Respondent(s) (ONLY DY NOS. 10079 OF 2021 AND 10075 OF 2021 ARE TO BE LISTED BEFORE LD. REGISTRAR COURT. ) WITH Diary No(s). 10079/2021 (XI) (IA No.128788/2021-APPLICATION FOR SUBSTITUTED SERVICE ON RESPONDENT NOS. 2 & 3 BY NEWSPAPER PUBLICATION and WITHDRAWAL OF IA NO. 128788/2021 (LETTER FILED BY ADVOCATE FOR WITHDRAWAL OF IA). DIARY NO. 10075 OF 2021 IS TO BE LISTED WITH DIARY NO. 10079 OF 2021,) Diary No(s). 10075/2021 (XI) (IA No.128779/2021- AN APPLICATION FOR SUBSTITUTED SERVICE ON RESPONDENT NO.3 BY NEWSPAPER PUBLICATION IA No. 128779/2021 - APPLICATION FOR SUBSTITUTION) Date : 22-02-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Suresh Dutt Dobhal, Adv. Mr. Nirmal Goenka, Adv. Mr. Gaurav Agrawal, AOR For Respondent(s) Mr.Rahul Baid Adv. Mr. B.Devasekhar, Adv. Mr. Chander Shekhar Ashri, AOR UPON hearing the counsel, the Court made the following O R D E R Diary No(s). 10079/2021 Respondent No.1 has filed counter affidavit. Contd….

-2- Respondent Nos.2 to 4 are granted four weeks’ time, as final opportunity, for filing counter affidavit. Service is complete on respondent No.5, but none has entered appearance. Diary No(s). 10075/2021 Respondent No.1 has filed counter affidavit. Respondent Nos.2 and 5 are granted four weeks’ time, as final opportunity, for filing counter affidavit. Ld. Counsel for the petitioner prays for and is granted four weeks’ time, as final opportunity, to file proof of publication and/or file appropriate application in respect of unserved respondent No.3. Service is complete on respondent Nos.4 and 6, but none has entered appearance on their behalf. List on 6.4.2022. AVANI PAL SINGH Registrar

ITEM NO.25 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XI 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. AVANI PAL SINGH SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 9226/2021 PHOENIX ARC PRIVATE LIMITED Petitioner(s) VERSUS ZAZMAN EXPORTS & ORS. Respondent(s) (ONLY DY NOS. 10079 OF 2021 AND 10075 OF 2021 ARE TO BE LISTED BEFORE LD. REGISTRAR COURT. ) WITH Diary No(s). 10079/2021 (XI) (IA No.128788/2021-APPLICATION FOR SUBSTITUTED SERVICE ON RESPONDENT NOS. 2 & 3 BY NEWSPAPER PUBLICATION and WITHDRAWAL OF IA NO. 128788/2021 (LETTER FILED BY ADVOCATE FOR WITHDRAWAL OF IA). DIARY NO. 10075 OF 2021 IS TO BE LISTED WITH DIARY NO. 10079 OF 2021, IA No. 128788/2021 - APPLICATION FOR SUBSTITUTION) Diary No(s). 10075/2021 (XI) (IA No.128779/2021- AN APPLICATION FOR SUBSTITUTED SERVICE ON RESPONDENT NO.3 BY NEWSPAPER PUBLICATION IA No. 128779/2021 - APPLICATION FOR SUBSTITUTION) Date : 10-01-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Suresh Dutt Dobhal, Adv. Mr. Nirmal Goenka, Adv. Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. B. Devasekhar, Adv. Mr. Chander Shekhar Ashri, AOR UPON hearing the counsel, the Court made the following O R D E R Diary No(s). 10079/2021 Ld. counsel for respondent No.1 submits that they have filed counter affidavit. Contd….

-2- Service is complete on respondent No.5 but none has entered appearance. In terms of letter of Ld. Counsel for the petitioner on 9.12.2021, the application for substituted service upon respondent Nos.2 and 3 is permitted to be withdrawn. Respondent Nos.2 to 4 are granted four weeks’ time for filing counter affidavit. Diary No(s). 10075/2021 Ld. counsel for respondent No.1 submits that they have filed counter affidavit. Upon hearing the Ld. counsel for the petitioner, the prayer for substituted service in respect of unserved respondent No.3 is permitted. Proof of publication be filed within four weeks. Respondent Nos.2 and 5 are granted four weeks’ time for filing counter affidavit. Service is complete on respondent No.4 and 6, but none has entered appearance on their behalf. List on 22.2.2022. AVANI PAL SINGH Registrar

1 ITEM NO.25 Court 6 (Video Conferencing) SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 9226/2021 (Arising out of impugned final judgment and order dated 18-07-2014 in WC No. 36521/2014 28-02-2017 in WC No. 36521/2014 passed by the High Court Of Judicature At Allahabad) PHOENIX ARC PRIVATE LIMITED Petitioner(s) VERSUS ZAZMAN EXPORTS & ORS. Respondent(s) (IA No.51817/2021-CONDONATION OF DELAY IN FILING and IA No.51819/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.51818/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) WITH Diary No(s). 10079/2021 (XI) (IA No.54435/2021-CONDONATION OF DELAY IN FILING and IA No.54438/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54436/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 10075/2021 (XI) (IA No.55069/2021-CONDONATION OF DELAY IN FILING and IA No.55070/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55076/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 16-07-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Amit Chadha, Sr. Adv Mr. Suresh Dutt Dobhal, Adv Mr. Shikhar Kumar, Adv Mr. Gaurav Agrawal, AOR For Respondent(s) Mr.B.Devasekhar Adv Mr.Shashank Shekhar, Adv. Mr. Chander Shekhar Ashri, AOR

2 UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for Respondent No.1, list after two weeks. (Geeta Ahuja) (Beena Jolly) Court Master Court Master

ITEM NO.19 Court 7 (Video Conferencing) SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No. 9226/2021 (Arising out of impugned final judgment and order dated 18-07-2014 in WC No. 36521/2014 and 28-02-2017 in WC No. 36521/2014 passed by the High Court of Judicature at Allahabad) PHOENIX ARC PRIVATE LIMITED Petitioner(s) VERSUS ZAZMAN EXPORTS & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.51817/2021-CONDONATION OF DELAY IN FILING and IA No.51819/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.51818/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) WITH Diary No(s). 10079/2021 (XI) (FOR ADMISSION and I.R. and IA No.54435/2021-CONDONATION OF DELAY IN FILING and IA No.54438/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.54436/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 10075/2021 (XI) (FOR ADMISSION and I.R. and IA No.55069/2021-CONDONATION OF DELAY IN FILING and IA No.55070/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55076/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 29-06-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Amit Chadda, Sr. Adv. Mr. Suresh D. Dobhal, Adv. Mr. Nirmal Goenka, Adv. Mr. Gaurav Agrawal, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice in the special leave petitions as also in the applications for condonation of delay. Learned counsel for the petitioner is permitted to serve the respondents by e-mail. List the matters on 16 th July, 2021. (NIDHI AHUJA) (ANAND PRAKASH) AR-cum-PS BRANCH OFFICER

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