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STATE OF M.P.. v. KARNATAKA ANTIBIOTICS & PHARMACEU.LD.&AN

Supreme Court of India | Diary 10170/2010

Status

ROP - of Main Case

Decided On

02-05-2011

Bench

Petitioner

STATE OF M.P..

Respondent

KARNATAKA ANTIBIOTICS & PHARMACEU.LD.&AN

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Full Judgment Text

L 1ITEM NO.42 COURT NO.2 SECTION IVA 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) No(s).10479/2010(From the judgement and order dated 20/03/2010 in WP No. 8537/2009 of The HIGH COURT OF M.P AT JABALPUR)STATE OF M.P.& ORS. Petitioner(s) VERSUSKARNATAKA ANTIBIOTICS & PHARMACEU.LD.&AN Respondent(s)(With appln(s) for exemption from filing O.T.,directions and officereport ))Date: 02/05/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. B.S. Banthia, Adv. Mr. Vikran Singh Bais, Adv. Ms. Vibha Datta Makhija,Adv.For Respondent(s) Mr. B.K.Satija,Adv. Mr. Vivek Tankha, ASG. Mr. B.K. Satija, Adv. Mr. A.Ramesh, Adv. Mr. A.Deb Kumar, Adv.UOI Mr. Shreekant N. Terdal ,Adv. UPON hearing counsel the Court made the following O R D E R I.A.2 of 2011, has been filed on 2behalf of the respondent No.1 for appropriatedirections having regard to certain circumstanceswhich have intervened.2. As will appear from the saidapplication, the High Court had directed the Stateof Madhya Pradesh to pay Rs.10 Crores to therespondent No.1 and also to constitute a Committee

to sort out the disputes between the petitioner andthe respondents in the writ petition.3. In the interlocutory application, ithas been stated in paragraph 5 that payment ofRs.10 Crores had been made to the respondent No.1on 30th May, 2010 and the same had been dulyreceived. In paragraph 7 of the application, ithas been indicated that a Committee has also beenconstituted and the first meeting of the Committeehad taken place on 20th June, 2010. Having regardto the above, a prayer has been made in theapplication for a direction upon the High Court todispose of the writ petition No.8537 of 2009expeditiously.4. In this regard, we may indicate thaton 6th April, 2010, while issuing notice, we hadindicated that if any payment is made pursuant tothe order of the High Court, the same would besubject to the result of the Special Leave 3Petition.5. Since now the parties are agreed thathaving regard to the fact that payments havealready been made it will serve no purpose inkeeping the Special Leave Petition pending.Accordingly, the Special Leave Petition isdisposed of by recording the aforesaid facts. TheHigh Court is requested to hear out and dispose ofthe writ petition as expeditiously as possible, butpositively within a period of three months from thedate of communication of this order.6. The Special Leave Petition isdisposed of accordingly.7. There will be no orders as to costs.

(Sheetal Dhingra) (Juginder Kaur) Court Master Court Master

ÖITEM NO.73 COURT NO.2 SECTION IVA 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) No(s).10479/2010(From the judgement and order dated 20/03/2010 in WP No. 8537/2009 of The HIGH COURT OF M.P AT JABALPUR)STATE OF M.P.& ORS. Petitioner(s) VERSUSKARNATAKA ANTIBIOTICS & PHARMACEU.LD.&ANR. Respondent(s)(with prayer for interim relief and office report)(for consideration)Date: 18/10/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE A.K. PATNAIKFor Petitioner(s) Mr. Vikas Upadhyay, Adv. Mr. B.S. Banthia,Adv.For Respondent(s) Mr. B.K. Satija,Adv. Mr. Vivek Tankha, ASG. Mr. A.Ramesh, Adv. Mr. A. Deb Kumar, Adv. Mr. Shreekant N.Terdal. Adv. UPON hearing counsel the Court made the following O R D E R Not today. (Sheetal Dhingra) (Veena Khera) Court Master Court Master

ÎSLP(C) 10479 of 2010 1ITEM NO.71 COURT NO.2 SECTION IVA 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) No(s).10479/2010(From the judgement and order dated 20/03/2010 in WP No.8537/2009 of The HIGH COURT OF M.P AT JABALPUR)STATE OF M.P.& ORS. Petitioner(s) VERSUSKARNATAKA ANTIBIOTICS & PHARMACEU.LD.&AN Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief and office report)Date: 27/09/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE A.K. PATNAIKFor Petitioner(s) Mr. M.P. Singh, Adv. Ms. Swati Bhushan Sharma, Adv. Mr. B.S. Banthia, Adv.For Respondent(s) Mr. Vivek Tankha, ASG.For RR No.1 Mr. Manish Verma, Adv. Mr. Rishabh Sancheti, Adv. Mr. Sumeer Sodhi, Adv. Mr. Vaibhav Srivastava, Adv. Mr. D. Kumaanan, Adv. Mr. B.K.Satija, Adv.For UOI Mr. A. Ramesh, Adv. Mr. A Deb Kumar, Adv. Mr. Shreekant N. Terdal ,Adv UPON hearing counsel the Court made the following O R D E RSLP(C) 10479 of 2010 2 Having regard to the letter circulated, let this matter be adjourned for a period of two weeks to enable the Union of India to file its counter affidavit. Rejoinder, if any, be filed within a week thereafter.

Having regard to the submissions made by Mr. Vivek Tankha, learned Additional Solicitor General, that the order has since been complied with and the matter is now before the Secretaries of the State and Central Government, leave is given to file an affidavit to that effect, since the matter may be disposed of on the basis of such affidavit. (KALYANI GUPTA) (JUGINDER KAUR) SR. P.A. COURT MASTER

ITEM NO.17 COURT NO.3 SECTION IVA(mentioned) 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) No(s).10479/2010(From the judgement and order dated 20/03/2010 in WP No. 8537/2009 of The HIGH COURT OF M.P AT JABALPUR)STATE OF M.P.& ORS. Petitioner(s) VERSUSKARNATAKA ANTIBIOTICS & PHARMACEU.LD.&ANR. Respondent(s)(with prayer for interim relief and office report)(for consideration)Date: 05/05/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. B.S. Banthia,Adv.For Respondent(s) Mr. Vivek K.Tankha, ASG. Mr. B.K. Satija,Adv. UPON hearing counsel the Court made the following O R D E R Having regard to the letter circulated, three weeks' time is granted for filing counter affidavit; rejoinder, if any, may be filed within four weeks thereafter. (Sheetal Dhingra) (Juginder Kaur) Court Master Court Master

èITEM NO.14(MM) COURT NO.3 SECTION IVA 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) No(s).10479/2010(From the judgement and order dated 20/03/2010 in WP No. 8537/2009 of The HIGH COURT OF M.P AT JABALPUR)STATE OF M.P.& ORS. Petitioner(s) VERSUSKARNATAKA ANTIBIOTICS & PHARMACEU.LD.&AN Respondent(s)Date: 06/04/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSEPH HON'BLE MR. JUSTICE C.K. PRASADFor Petitioner(s) Mr. Ravi Shankar Prasad, Sr. Adv. Mr. B.S. Banthia,Adv. Mr. Purushaindra Kaurav, Adv. Mr. Vikas Upadhyay, Adv.For Respondent(s) Mr. G.E. Vahanvati, AG. Mr. Vivek K.Tankha, ASG. Mr. B.K. Satija,Adv. Mr. Manish Verma, Adv. Mr. P. Shandilya, Adv. UPON hearing counsel the Court made the following O R D E R Issue notice. Let this matter be listed for consideration on 5th May, 2010. Since the respondent No.1 is represented on caveat, service of notice on the said respondent is waived. Let notice be servedon the respondent No.2 in the usual course and also++++by way of dasti, service within a week fromdate. -2- SLP(C)No.10479/10 The respondents will be entitled tofile their counter affidavits to the Special Leave

Petition within three weeks; rejoinder, if any, maybe filed within a week thereafter. It is made clear that any paymentmade pursuant to the impugned order, will besubject to the result of the Special LeavePetition.(Sheetal Dhingra) (Juginder Kaur) Court Master Court Master

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