CP(C) 271/2016 1 ITEM NO.4 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.271/2016 In C.A. No.6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS & ORS. Respondent(s) WITH CONMT.PET.(C) No.289/2016 In C.A. No. 6976/2015 (XVII) (With appln.(s) for permission to file additional documents) Date : 10-01-2018 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Purushottam Sharma Tripathi, AOR Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. Maninder Singh, ASG Mr. Akshay Amritanshu, Adv. Mr. Sajan Poovayya, Sr. Adv. Ms. Vaishnavi S., Adv. Mr. Balaji Srinivasan, Adv. Mr. Priyadarshi Banerjee, Adv. Mr. Pratibhanu Singh Kharola, Adv. Ms. Pratiksha Mishra, Adv. Mr. Abhishek Bharti, Adv. Mr. Arunava Mukherjee, Adv. Mr. V. N. Raghupathy, AOR Mr. Nitin Kumar Thakur, AOR Mr. Purushottam Sharma Tripathi, AOR
CP(C) 271/2016 2 UPON hearing the counsel the Court made the following O R D E R In pursuance of our order dated 11 th December, 2017, Mr. B.M. Karunesh, the respondent No.2, is personally present in the Court. It is submitted by Mr. Sajan Poovayya, learned senior counsel for the purchaser that he has received a sum of Rs.35,00,000/- (Rupees thirty-five lacs only) and, therefore, he does not intend to contest the litigation in whatever form. Mr. Ashok Bannidinni, learned counsel appearing for the petitioner submits that because of some settlement arrived at between the parties, the suit is deemed to have been withdrawn. Keeping in view the totality of circumstances, we are inclined to direct that the suit filed by the plaintiff being O.S. No.4426 of 2014 before the Bangalore City Civil Court shall stand revived and continue in accordance with law. The learned trial Judge is directed to dispose of the said suit by the end of 2018 in accordance with law. Clauses (a) to (d) in the order dated 19 th January, 2016 in Civil Appeal No.6976/2015, are substituted with the following direction:- “M/s. Adarsh Developers shall be returned a sum of Rs.35 lacs (rupees thirty-five lacs) by the intervenor, Sanjay Vitthalrao Shinde, within twelve weeks from today by way of a bank draft drawn on a nationalized bank. Needless to say, the said amount shall be paid on behalf of the appellant and at the time of registration, the said amount shall be deducted from the
CP(C) 271/2016 3 consideration amount.” In view of the aforesaid, the said developer is out of the litigation and the suit shall stand revived. The contempt petitions are, accordingly, disposed of. (Chetan Kumar) (H.S. Parasher) Court Master Assistant Registrar
CONMT.PET.(C) 271/2016 1 ITEM NO.13 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioners VERSUS M/S. ADARSH DEVELOPERS & ORS. Respondents Date : 11-12-2017 This matter was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioners Mr. Nitin Kumar Thakur, AOR For Respondents Mr. Maninder Singh, ASG for R-1 Mr. Sajan Poovayya, Sr. Adv. Mr. Balaji Srinivasan, AOR Ms. Vaishnavi Subrahmanyam, Adv. Mr. Pratibhanu Singh Kharola, Adv. Mr. Abhishek Bharti, Adv. Ms. Pratiksha Mishra, Adv. For R-4 Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Purushottam Sharma Tripathi, Adv. for State of Karnataka Mr. V.N. Raghupathy, AOR Mr. Parikshit P. Angadi, Adv. Mr. Md. Afzal Ansari, Adv. UPON hearing the counsel the Court made the following O R D E R Let the matter be listed on 10.1.2018. Mr. B.M. Karunesh, respondent no. 2, who is
CONMT.PET.(C) 271/2016 2 present today, shall remain personally present on the next date of hearing. (Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar
CP(C) 271/2016 1 ITEM NO.15 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.271/2016 In C.A. No.6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS . & ORS. Respondent(s) WITH CONMT.PET.(C) No.289/2016 In C.A. No.6976/2015 (XVII) Date : 13-11-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Purushottam Sharma Tripathi, AOR Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Nitin Kumar Thakur, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner – Sanjay Vitthalrao Shinde submits that that Rs.35,00,000/- (Rupees thirty five lakhs only) has been given to M/s Adarsh Developers as per the direction given by this Court.
CP(C) 271/2016 2 Let the matters be listed on 10.01.2018 on which date petitioner No.2 – Mr. Avinash Reddy shall remain personally present in the Court. Mr. V.N. Raghupathy, learned counsel for the State of Karnataka shall intimate petitioner No.2 – Mr. Avinash Reddy through the Superintendent of Police to remain personally present in the Court on the next date of hearing i.e. 10.01.2018. (Chetan Kumar) (H.S. Parasher) Court Master Assistant Registrar
CP(C) 271/2016 1 ITEM NO.13 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.271/2016 In C.A. No.6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS & ORS. Respondent(s) Date : 06-11-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. Maninder Singh, ASG Mr. R. Balasubramanian, Adv. Mr. Zoheb Hossain, Adv. Mr. B.K. Prasad, Adv. Mr. V. N. Raghupathy, AOR Mr. Parikshit P. Angadi, Adv. Md. Apzal Ansari, Adv. Mr. Ashok Bannidinni, Adv. Mr. Purusottam Sharma Tripathi, Adv. UPON hearing the counsel the Court made the following O R D E R It is submitted by Mr. Maninder Singh, learned Additional Solicitor General that there are two ways by which the situation that has emerged in this contempt petition can be solved. One is to ask the Commissioner of Police to initiate proceedings under Section 82 of the Code of Criminal Procedure or to issue notice to the developers and,
CP(C) 271/2016 2 thereafter, to proceed with the main appeal after recalling the order passed therein as it was an order passed on concession, which is disputed by the appellant. In view of the aforesaid, let notice be issued to the respondent Nos.1 to 3, fixing a returnable date within four weeks hence. (Chetan Kumar) (H.S. Parasher) Court Master Assistant Registrar
ITEM NO.9 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.271/2016 In C.A. No.6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS . & ORS. Respondent(s) (Only Contempt Petition (C) No. 271 of 2016 is to be listed before the Hon'ble Court in 1st week of October, 2017 vide Court's order dated 18.08.2017.) Date : 30-10-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr.Nitin Kumar Thakur, AOR For Respondent(s) Mr.Ashok Bannidinni, Adv. Mr.Purushottam Sharma Tripathi, Adv. Mr.V. N. Raghupathy, AOR UPON hearing the counsel the Court made the following O R D E R Mr.Maninder Singh and Mr.Tushar Mehta, learned Additional Solicitor General shall assist this Court for ensuring the presence of the petitioner K.Umapthi alias Umapathi K.Reddy on 06.11.2017. Call on 06.11.2017. The name of Mr.Maninder Singh and Mr.Tushar Mehta, learned Additional Solicitor General be reflected in the cause-list. A copy of the contempt petition be handed over to Mr.Maninder Singh, learned Additional Solicitor General. (SATISH KUMAR YADAV) (H.S. PARASHER) AR-CUM-PS ASSISTANT REGISTRAR
ITEM NO.8 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.271/2016 In C.A. No.6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS . & ORS. Respondent(s) Date : 13-10-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Parikshit P. Angadi, Adv. Md. Afzal Ansari, Adv. Mr. Ashok Bannidinni, Adv. Mr. Purushottam Sharma Tripathi, Adv. UPON hearing the counsel the Court made the following O R D E R The Registry is directed to supply a copy of the petition to Mr. Ranjit Kumar, learned Solicitor General of India, who shall assist the Court with regard to ensuring of the presence of the respondent-contemnor. Let the matter be listed on 30 th October, 2017. (Chetan Kumar) (H.S. Parasher) Court Master Assistant Registrar
CP(C) 271/2016 2 R E V I S E D ITEM NO.11 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.271/2016 In C.A. No.6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS & ORS. Respondent(s) WITH CONMT.PET.(C) No.289/2016 In C.A. No.6976/2015 (XVII) Date : 18-09-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Nitin R. Kalshetti, Adv. Mr. Ashok Bannidinni, Adv. Mr. Purushottam Sharma Tripathi, AOR Mr. Nitin Kumar Thakur, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Nitin Kumar Thakur, AOR UPON hearing the counsel the Court made the following O R D E R Contempt Petition (C) No.289/2016 On 18 th August, 2017, in Contempt Petition (C) No.289 of 2016, the Court had passed the following order:- “ Mr. D.K. Thakur, learned counsel appearing for the respondent submits that he has been instructed to give 'No Objection Certificate'. In view of this, it is directed that 5th
CP(C) 271/2016 2 contemnor, K. Umapathi alias Umapathi K. Reddy, shall remain personally present before this Court on 18 th September, 2017, failing which non-bailable warrants of arrest shall be issued against him. List the matter on 18 th September, 2017.” Despite the aforesaid order, the contemnor is not present in the Court. Keeping in view the tenor of the order, we issue non-bailable warrants of arrest for production of the contemnor, K. Umapathi alias Umapathi K. Reddy, before this Court on 13 th November, 2017. The Registry is directed to do the needful. (Chetan Kumar) (Shakti Parkash Sharma) Court Master Assistant Registrar
CP(C) 271/2016 1 ITEM NO.6 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.271/2016 In C.A. No.6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS . & ORS. Respondent(s) (With appln.(s) for exemption from O.T.) WITH CONMT.PET.(C) No.289/2016 In C.A. No.6976/2015 (XVII) (With appln.(s) for permission to file additional documents) Date : 18-08-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Purushottam Sharma Tripathi, AOR Mr. Ravi Chandra Prakash, Adv. Mr. Mukesh Kumar Singh, Adv. Mr. C. Madangopal, Adv. Mr. Paul A, Adv. Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Santosh Kumar - I, AOR CP 271/16 Mr. D.K. Thakur, Adv. Mr. Nitin Kr. Thakur, Adv. For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Santosh Kumar - I, AOR
CP(C) 271/2016 2 UPON hearing the counsel the Court made the following O R D E R CONMT.PET.(C) No.271/2016 Mr. D.K. Thakur, learned counsel appearing for the petitioner submits that he has no instructions in the matter. Let the matter be listed in the first week of October, 2017, to enable the petitioner to engage a counsel. CONMT.PET.(C) No.289/2016 Mr. D.K. Thakur, learned counsel appearing for the respondent submits that he has been instructed to give 'No Objection Certificate'. In view of this, it is directed that 5the contemnor, K. Umapathi alias Umapathi K. Reddy, shall remain personally present before this Court on 18 th September, 2017, failing which non-bailable warrants of arrest shall be issued against him. List the matter on 18 th September, 2017. (Chetan Kumar) (H.S. Parasher) Court Master Assistant Registrar
ITEM NO.7 COURT NO.2 SECTION S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No.271/2016 In C.A. No.6976/2015 MR. K. UMAPATHI ALIAS UMAPATHI K. REDDY & ANR. Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS & ORS. Respondent(s) WITH CONMT.PET.(C) No.289/2016 In C.A. No.6976/2015 () Date : 17-07-2017 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Ratnakar Dash, Sr. Adv. Mr. D.K. Thakur, Adv. Mr. Devendra Jha, Adv. Mr. Sushil Kumar, Adv. Mr. Pawan Sharma, Adv. Mr. Nitin Kr. Thakur, Adv. Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalsnetti, Adv. Mr. Mukesh Kumar, Adv. Mr. Purushottam Sharma Tripathi, AOR Mr. Santosh Kumar - I, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Santosh Kumar - I, AOR UPON hearing the counsel the Court made the following O R D E R Mr. V.N. Raghupathy, learned counsel for the State of Karnataka submits that he shall file the valuation report by 24 th July, 2017, after serving copies on the learned counsel for the parties. Let the matter be listed after four weeks. (Chetan Kumar) (H.S. Parasher) Court Master Court Master
ITEM NO.3 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) (with appln. (s) for permission to file additional documents and office report) WITH CONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015 (WITH APPLN. (S) FOR permission to file additional documents) Date : 28/04/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Huzefa Ahmadi, Sr. Adv. Mr. Gaurang Kanth, Adv. Mr. Rajeev Kumar Yadav, Adv. Ms. Shivani Kher, Adv. Mr. Santosh Kumar – I, AOR Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Santosh Kumar – I, AOR UPON hearing the counsel the Court made the following O R D E R In the course of hearing, learned counsel appearing for the contesting parties very fairly accepted that the valuation of the Revenue Department who got the valuation done by its own valuer would be acceptable to them. Mr. V.N. Raghupathy, learned counsel appearing for the State
2 of Karnataka shall file an affidavit of the competent authority after visiting the land in question and getting it valued. Needless to say, the valuation has to be made keeping in view our order dated 9.12.2016. Let the matter be listed in the third week of July, 2017. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) and CONTEMPT PETITION NO. 289 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) IN CIVIL APPEAL NO. 6976 OF 2015 Mr. K. Umapathi alias Umapathi K Reddy & anr.Etc. ... Petitioners Versus M/s Adarsh Developers & Ors. Etc. ... Contemnors OFFICE REPORT The Civil Appeal above mentioned was disposed of by this Hon'ble Court on 19 th January, 2016 . (Copy of the order is included at Page nos. 17 to 19 in paper books of Contempt petition 271 of 2016 and at Page nos. 1921 in paper books of Contempt petition 289 of 2016) The Contempt Petitions above mentioned were listed before the Hon'ble Court on 09.12.2016, when the Court was pleased to pass the following order: “Mr. V.N. Raghupathy, learned Standing Counsel for the State has filed the affidavit of the competent authority. It is submitted by him that the valuation is required to be done as per the Notification dated 27 th October, 2014. Mr. Huzefa Ahmadi, learned senior counsel appearing for the respondent No.1, the land owner and Mr. Ashok Bannidinni,learned counsel appearing for the petitioner in Contempt Petition (C) No. 289 of 2016, have no objection in that regard. Therefore, a consensus has been arrived at that the valuation has to be done in accordance with the Notification dated 27 th October, 2014. Mr. V.N. Raghupathy, learned counsel for the State shall file an affidavit of the competent authority who is in-charge of making the valuation of the properties in question. If the competent authority requires the assistance of the parties, they shall appear before it and provide the necessary documents. List the matter in the third week of February, 2017 . ” Thereafter, The Contempt Petitions above mentioned were listed before the Hon'ble Court on 07.04.2017, when the Court was pleased to pass the following order: “In view of the request made in the letter circulated on behalf of the respondent No.2, list the matter after two weeks.”
CONTEMPT PETITION NO. 271 OF 2016 It is submitted that Mr. V.N. Raghupathy, Advocate has on 21.03.2017 filed affidavit on behalf of state of Karnataka in compliance of the above Court's order. Counsel for the appellant has on 03.04.2017 filed reply to the affidavit filed by the State of Karnataka. Mr. Purshottam Sharma Tripathi, Advocate has on 26.04.2017 filed rejoinder affidavit on behalf of respondent No. 4 to the counter affidavit but has not served the copy to Mr. V.N. Raghupathy, Advocate and also has not filed vakalatnama on behalf of respondent No. 4. (Copies are circulated herewith) It is further submitted that notice to all the four contemnors was issued on 30.05.2016 through registered A.D. along with Dasti. Neither A.D. Card nor unserved cover has been received back in respect of any of the four respondents in the matter so far. Service is incomplete. Counsel for the appellant has not filed affidavit of dasti service in the matter so far. However Respondent No. 4 in this contempt petition is common as the petitioner in connected contempt petition (C) No. 289 of 2016 which is listed along with. It is further submitted that Counsel for the appellant has on 31.08.2016 filed a letter requesting to issue dasti notices again to serve the unserved respondents in the matter. (Copy of the letter is enclosed herewith) CONTEMPT PETITION NO. 289 OF 2016 It is submitted that notice to the sole contemnor was issued on 07.06.2016 through registered A.D. along with Dasti. Mr. Santosh Kumar,Advocate has on 06.07.2016 filed vakalatnama on behalf of the sole contemnor and has also filed reply along with Annexure R1 to R20. (Copies are placed with paper books) Service is complete. It is lastly submitted that Mr. V.N. Raghupathy, Advocate has on 07.09.2016 filed affidavit on behalf of the State of Karnataka in both the matters. (Copies are included in paper books)) The Contempt Petitions above mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 27th DAY OF APRIL, 2017 ASSISTANT REGISTRAR Copy to : Mr. Santosh Kumar, Advocate Mr. Purshottam Sharma Tripathy, Advocate Mr. V.N. Raghupathy, Advocate ASSISTANT REGISTRAR
°ITEM NO.3 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUSM/S. ADARSH DEVELOPERS AND ORS. Respondent(s)(with appln. (s) for permission to file additional documents and office report)WITHCONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015(WITH APPLN. (S) FOR permission to file additional documents)Date : 28/04/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. Huzefa Ahmadi, Sr. Adv.Mr. Gaurang Kanth, Adv.Mr. Rajeev Kumar Yadav, Adv.Ms. Shivani Kher, Adv.Mr. Santosh Kumar ⬠I, AOR Mr. Ashok Bannidinni, Adv.Mr. Nitin R. Kalshetti, Adv.Mr. Purushottam Sharma Tripathi, AORFor Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Santosh Kumar ⬠I, AOR UPON hearing the counsel the Court made the following O R D E RIn the course of hearing, learned counsel appearing for thecontesting parties very fairly accepted that the valuation of theRevenue Department who got the valuation done by its own valuerwould be acceptable to them.Mr. V.N. Raghupathy, learned counsel appearing for the State2of Karnataka shall file an affidavit of the competent authorityafter visiting the land in question and getting it valued.Needless to say, the valuation has to be made keeping in view ourorder dated 9.12.2016.Let the matter be listed in the third week of July, 2017.(Gulshan Kumar Arora) (H.S. Parasher)Court Master Court Master
ITEM NO.3 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.271/2016 In C.A. No.6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) (With appln. (s) for permission to file additional documents and office report) WITH CONMT. PET.(C) No.289/2016 In C.A. No.6976/2015 (With appln.(s) for permission to file additional documents) Date : 07/04/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Rajeev Kumar Yadav, Adv. Mr. Santosh Kumar – I, AOR Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Parikshit P. Angadi, Adv. Mr. Prakash Jadhav, Adv. Mr. Rajeev Kumar Yadav, Adv. Mr. Santosh Kumar – I, AOR UPON hearing the counsel the Court made the following O R D E R In view of the request made in the letter circulated on behalf of the respondent No.2, list the matter after two weeks. (Chetan Kumar) Court Master (Madhu Narula) Court Master
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) and CONTEMPT PETITION NO. 289 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) IN CIVIL APPEAL NO. 6976 OF 2015 Mr. K. Umapathi alias Umapathi K Reddy & anr.Etc. ... Petitioners Versus M/s Adarsh Developers & Ors. Etc. ... Contemnors OFFICE REPORT The Civil Appeal above mentioned was disposed of by this Hon'ble Court on 19 th January, 2016 . (Copy of the order is included at Page nos. 17 to 19 in paper books of Contempt petition 271 of 2016 and at Page nos. 1921 in paper books of Contempt petition 289 of 2016) The Contempt Petitions above mentioned were listed before the Hon'ble Court on 09.12.2016, when the Court was pleased to pass the following order: “Mr. V.N. Raghupathy, learned Standing Counsel for the State has filed the affidavit of the competent authority. It is submitted by him that the valuation is required to be done as per the Notification dated 27 th October, 2014. Mr. Huzefa Ahmadi, learned senior counsel appearing for the respondent No.1, the land owner and Mr. Ashok Bannidinni,learned counsel appearing for the petitioner in Contempt Petition (C) No. 289 of 2016, have no objection in that regard. Therefore, a consensus has been arrived at that the valuation has to be done in accordance with the Notification dated 27 th October, 2014. Mr. V.N. Raghupathy, learned counsel for the State shall file an affidavit of the competent authority who is in-charge of making the valuation of the properties in question. If the competent authority requires the assistance of the parties, they shall appear before it and provide the necessary documents. List the matter in the third week of February, 2017 . ” Thereafter, The Contempt Petitions above mentioned were listed before the Hon'ble Court on 09.12.2016, when the Court was pleased to pass the following order: “Regard being had to the letter circulated on behalf of the petitioner, two weeks' time is granted for filing reply.”
CONTEMPT PETITION NO. 271 OF 2016 It is submitted that Mr. V.N. Raghupathy, Advocate has on 21.03.2017 filed affidavit on behalf of state of Karnataka in compliance of the above Court's order. Counsel for the appellant has on 03.04.2017 filed reply to the affidavit filed by the State of Karnataka. (Copies are circulated herewith) It is further submitted that notice to all the four contemnors was issued on 30.05.2016 through registered A.D. along with Dasti. Neither A.D. Card nor unserved cover has been received back in respect of any of the four respondents in the matter so far. Service is incomplete. Counsel for the appellant has not filed affidavit of dasti service in the matter so far. However Respondent No. 4 in this contempt petition is common as the petitioner in connected contempt petition (C) No. 289 of 2016 which is listed along with. It is further submitted that Counsel for the appellant has on 31.08.2016 filed a letter requesting to issue dasti notices again to serve the unserved respondents in the matter. (Copy of the letter is enclosed herewith) CONTEMPT PETITION NO. 289 OF 2016 It is submitted that notice to the sole contemnor was issued on 07.06.2016 through registered A.D. along with Dasti. Mr. Santosh Kumar,Advocate has on 06.07.2016 filed vakalatnama on behalf of the sole contemnor and has also filed reply along with Annexure R1 to R20. (Copies are placed with paper books) Service is complete. It is lastly submitted that Mr. V.N. Raghupathy, Advocate has on 07.09.2016 filed affidavit on behalf of the State of Karnataka in both the matters. (Copies are included in paper books)) The Contempt Petitions above mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 05th DAY OF APRIL, 2017 ASSISTANT REGISTRAR Copy to : Mr. Santosh Kumar, Advocate Mr. Purshottam Sharma Tripathy, Advocate Mr. V.N. Raghupathy, Advocate ASSISTANT REGISTRAR
®ITEM NO.3 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.271/2016 In C.A. No.6976/2015K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUSM/S. ADARSH DEVELOPERS AND ORS. Respondent(s)(With appln. (s) for permission to file additional documents andoffice report)WITH CONMT. PET.(C) No.289/2016 In C.A. No.6976/2015(With appln.(s) for permission to file additional documents)Date : 07/04/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKARFor Petitioner(s) Mr. Ashok Bannidinni, Adv.Mr. Nitin R. Kalshetti, Adv.Mr. Rajeev Kumar Yadav, Adv. Mr. Santosh Kumar ⬠I, AOR Mr. Purushottam Sharma Tripathi, AORFor Respondent(s) Mr. V. N. Raghupathy, AORMr. Parikshit P. Angadi, Adv.Mr. Prakash Jadhav, Adv. Mr. Rajeev Kumar Yadav, Adv. Mr. Santosh Kumar ⬠I, AOR UPON hearing the counsel the Court made the following O R D E RIn view of the request made in the letter circulatedon behalf of the respondent No.2, list the matter after twoweeks.(Chetan Kumar)Court Master (Madhu Narula)Court Master
ITEM NO.8 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.271/2016 In C.A. No.6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) (With appln. (s) for permission to file additional documents and office report) WITH CONMT. PET.(C) No.289/2016 In C.A. No.6976/2015 (With appln.(s) for permission to file additional documents) Date : 24/03/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Huzefa Ahmadi, Sr. Adv. Mr. Gaurang Kanth, Adv. Mr. Rajeev Kumar Yadav, Adv. Ms. Shivani Kher, Adv. Mr. Santosh Kumar – I, AOR Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Santosh Kumar – I, Mr. V. N. Raghupathy, AOR UPON hearing the counsel the Court made the following O R D E R Regard being had to the letter circulated on behalf of the petitioner, two weeks' time is granted for filing reply. (Chetan Kumar) Court Master (Madhu Narula) Court Master
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) and CONTEMPT PETITION NO. 289 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) IN CIVIL APPEAL NO. 6976 OF 2015 Mr. K. Umapathi alias Umapathi K Reddy & anr.Etc. ... Petitioners Versus M/s Adarsh Developers & Ors. Etc. ... Contemnors OFFICE REPORT The Civil Appeal above mentioned was disposed of by this Hon'ble Court on 19 th January, 2016 . (Copy of the order is included at Page nos. 17 to 19 in paper books of Contempt petition 271 of 2016 and at Page nos. 1921 in paper books of Contempt petition 289 of 2016) The Contempt Petitions above mentioned were listed before the Hon'ble Court on 11.07.2016, when the Court was pleased to pass the following order: “Mr. V.N. Raghupathy, learned Standing Counsel for the State has filed the affidavit of the competent authority. It is submitted by him that the valuation is required to be done as per the Notification dated 27 th October, 2014. Mr. Huzefa Ahmadi, learned senior counsel appearing for the respondent No.1, the land owner and Mr. Ashok Bannidinni,learned counsel appearing for the petitioner in Contempt Petition (C) No. 289 of 2016, have no objection in that regard. Therefore, a consensus has been arrived at that the valuation has to be done in accordance with the Notification dated 27 th October, 2014. Mr. V.N. Raghupathy, learned counsel for the State shall file an affidavit of the competent authority who is in-charge of making the valuation of the properties in question. If the competent authority requires the assistance of the parties, they shall appear before it and provide the necessary documents. List the matter in the third week of February, 2017 . ” CONTEMPT PETITION NO. 271 OF 2016 It is submitted that Mr. V.N .Raghupathy, Advocate has on 21.03.2017 filed affidavit on behalf of state of Karnataka in compliance of the above Court's order. (Copies are circulated herewith)
It is further submitted that notice to all the four contemnors was issued on 30.05.2016 through registered A.D. along with Dasti. Neither A.D. Card nor unserved cover has been received back in respect of any of the four respondents in the matter so far. Service is incomplete. Counsel for the appellant has not filed affidavit of dasti service in the matter so far. However Respondent No. 4 in this contempt petition is common as the petitioner in connected contempt petition (C) No. 289 of 2016 which is listed along with. It is further submitted that Mr. Santosh Kumar, Advocate has on 06.07.2016 filed vakalatnama on behalf of the appellant after taking NOC from the erstwhile Advocate. He has on 31.08.2016 filed a letter requesting to issue dasti notices again to serve the unserved respondents in the matter. (Copy of the letter is enclosed herewith) CONTEMPT PETITION NO. 289 OF 2016 It is submitted that notice to the sole contemnor was issued on 07.06.2016 through registered A.D. along with Dasti. Mr. Santosh Kumar,Advocate has on 06.07.2016 filed vakalatnama on behalf of the sole contemnor and has also filed reply along with Annexure R1 to R20. (Copies are placed with paper books) Service is complete. It is lastly submitted that Mr. V.N. Raghupathy, Advocate has on 07.09.2016 filed affidavit on behalf of the State of Karnataka in both the matters. (Copies are circulated herewith) The Contempt Petitions above mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 23rd DAY OF MARCH, 2017 ASSISTANT REGISTRAR Copy to : Mr. Santosh Kumar, Advocate Mr. Purshottam Sharma Tripathy, Advocate Mr. V.N. Raghupathy, Advocate ASSISTANT REGISTRAR
|ITEM NO.8 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.271/2016 In C.A. No.6976/2015K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUSM/S. ADARSH DEVELOPERS AND ORS. Respondent(s)(With appln. (s) for permission to file additional documents andoffice report)WITH CONMT. PET.(C) No.289/2016 In C.A. No.6976/2015(With appln.(s) for permission to file additional documents)Date : 24/03/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDARFor Petitioner(s) Mr. Huzefa Ahmadi, Sr. Adv.Mr. Gaurang Kanth, Adv.Mr. Rajeev Kumar Yadav, Adv.Ms. Shivani Kher, Adv. Mr. Santosh Kumar ⬠I, AOR Mr. Ashok Bannidinni, Adv.Mr. Nitin R. Kalshetti, Adv. Mr. Purushottam Sharma Tripathi, AORFor Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Santosh Kumar ⬠I, Mr. V. N. Raghupathy, AOR UPON hearing the counsel the Court made the following O R D E RRegard being had to the letter circulated on behalfof the petitioner, two weeks' time is granted for filingreply.(Chetan Kumar)Court Master (Madhu Narula)Court Master
CP(C) 271/2016 1 ITEM NO.2 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.271/2016 In C.A. No. 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) (With appln. (s) for permission to file additional documents and office report) WITH CONMT.PET.(C) No. 289/2016 In C.A. No.6976/2015 (With appln.(s) for permission to file additional documents) Date : 09/12/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Huzefa Ahmadi, Sr. Adv. Ms. Shivani Kher, Adv. Mr. Rajeev Yadav, Adv. Mr. Santosh Kumar – I, AOR CP(C) 289/16 Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Huzefa Ahmadi, Sr. Adv. Ms. Shivani Kher, Adv. Mr. Rajeev Yadav, Adv. Mr. Santosh Kumar – I, AOR UPON hearing the counsel the Court made the following O R D E R Mr. V.N. Raghupathy, learned Standing Counsel for the State has filed the affidavit of the competent authority. It is submitted by him that the valuation is required to be
CP(C) 271/2016 2 done as per the Notification dated 27 th October, 2014. Mr. Huzefa Ahmadi, learned senior counsel appearing for the respondent No.1, the land owner and Mr. Ashok Bannidinni, learned counsel appearing for the petitioner in Contempt Petition (C) No. 289 of 2016, have no objection in that regard. Therefore, a consensus has been arrived at that the valuation has to be done in accordance with the Notification dated 27 th October, 2014. Mr. V.N. Raghupathy, learned counsel for the State shall file an affidavit of the competent authority who is in-charge of making the valuation of the properties in question. If the competent authority requires the assistance of the parties, they shall appear before it and provide the necessary documents. List the matter in the third week of February, 2017. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) and CONTEMPT PETITION NO. 289 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) IN CIVIL APPEAL NO. 6976 OF 2015 Mr. K. Umapathi alias Umapathi K Reddy & anr.Etc. ... Petitioners Versus M/s Adarsh Developers & Ors. Etc. ... Contemnors OFFICE REPORT The Civil Appeal above mentioned was disposed of by this Hon'ble Court on 19 th January, 2016 . (Copy of the order is included at Page nos. 17 to 19 in paper books of Contempt petition 271 of 2016 and at Page nos. 1921 in paper books of Contempt petition 289 of 2016) The Contempt Petitions above mentioned were listed before the Hon'ble Court on 11.07.2016, when the Court was pleased to pass the following order: “Learned counsel for the petitioners submitted that they have filed the notification indicating the circle rate of the property in question for the year 2015. Learned counsel for the respondents submitted that he has filed two notifications relating to the same property in respect of the same year Let the notifications be served on Mr. V.N. Raghupathy, learned standing counsel for the State of Karnataka who shall verify and file an affidavit of the competent authority with regard to the prevalent notification for the year 2015. List the matter on 17.08.2016. Registry is directed to reflect the name of Mr. V.N. Raghupathy, learned counsel in the cause list on that day. ” The Contempt Petitions above mentioned were listed before the Hon'ble Court on 17.08.2016, when the Court was pleased to pass the following order: “ In terms of the letter circulated on behalf of learned counsel for the respondents , let the matter be listed after two weeks.”
CONTEMPT PETITION NO. 271 OF 2016 It is submitted that notice to all the four contemnors was issued on 30.05.2016 through registered A.D. along with Dasti. Neither A.D. Card nor unserved cover has been received back in respect of any of the four respondents in the matter so far. Service is incomplete. Counsel for the appellant has not filed affidavit of dasti service in the matter so far. It is further submitted that Counsel for the appellant has on 30.08.2016 filed proof of service after serving copy of the appeal and notifications to Mr. V.N. Raghupathy, Standing Counsel for the state of Karnataka in compliance of the above said orders. Name of Mr. V.N. Raghupathy, Advocate has been updated in both the matters in compliance of the above said orders. It is further submitted that Mr. Santosh Kumar, Advocate has on 06.07.2016 filed vakalatnama on behalf of the appellant after taking NOC from the erstwhile Advocate. He has on 31.08.2016 filed a letter requesting to issue dasti notices again to serve the unserved respondents in the matter. (Copy of the letter is enclosed herewith) CONTEMPT PETITION NO. 289 OF 2016 It is submitted that notice to the sole contemnor was issued on 07.06.2016 through registered A.D. along with Dasti. Mr. Santosh Kumar,Advocate has on 06.07.2016 filed vakalatnama on behalf of the sole contemnor and has also filed reply along with Annexure R1 to R20. (Copies are placed with paper books) Service is complete. It is lastly submitted that Mr. V.N. Raghupathy, Advocate has on 07.09.2016 filed affidavit on behalf of the State of Karnataka in both the matters. (Copies are circulated herewith) The Contempt Petitions above mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 07th DAY OF DECEMBER, 2016 ASSISTANT REGISTRAR Copy to : Mr. Santosh Kumar, Advocate Mr. Purshottam Sharma Tripathy, Advocate ASSISTANT REGISTRAR
,CP(C) 271/20161ITEM NO.2 COURT NO.3 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT. PET.(C) No.271/2016 In C.A. No. 6976/2015K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUSM/S. ADARSH DEVELOPERS AND ORS. Respondent(s)(With appln. (s) for permission to file additional documents andoffice report)WITH CONMT.PET.(C) No. 289/2016 In C.A. No.6976/2015(With appln.(s) for permission to file additional documents)Date : 09/12/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE AMITAVA ROYFor Petitioner(s) Mr. Huzefa Ahmadi, Sr. Adv.Ms. Shivani Kher, Adv.Mr. Rajeev Yadav, Adv. Mr. Santosh Kumar ⬠I, AOR CP(C) 289/16 Mr. Ashok Bannidinni, Adv.Mr. Nitin R. Kalshetti, Adv.Mr. Purushottam Sharma Tripathi, AORFor Respondent(s) Mr. V. N. Raghupathy, AORMr. Huzefa Ahmadi, Sr. Adv.Ms. Shivani Kher, Adv.Mr. Rajeev Yadav, Adv.Mr. Santosh Kumar ⬠I, AOR UPON hearing the counsel the Court made the following O R D E RMr. V.N. Raghupathy, learned Standing Counsel forthe State has filed the affidavit of the competent authority.It is submitted by him that the valuation is required to beCP(C) 271/20162done as per the Notification dated 27 th October, 2014.Mr. Huzefa Ahmadi, learned senior counsel appearing for therespondent No.1, the land owner and Mr. Ashok Bannidinni,learned counsel appearing for the petitioner in ContemptPetition (C) No. 289 of 2016, have no objection in thatregard. Therefore, a consensus has been arrived at that thevaluation has to be done in accordance with the Notificationdated 27 th October, 2014.Mr. V.N. Raghupathy, learned counsel for the Stateshall file an affidavit of the competent authority who isin-charge of making the valuation of the properties inquestion. If the competent authority requires the assistanceof the parties, they shall appear before it and provide thenecessary documents.List the matter in the third week of February, 2017.(Chetan Kumar)Court Master (H.S. Parasher)Court Master
ITEM NO.68 REGISTRAR COURT. 1 SECTION XVII 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 MR. PAWAN DEV KOTWAL CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 No(s). K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) (with appln. (s) for permission to file additional documents and office report) WITH CONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015 (With appln.(s) for permission to file additional documents and ) Date : 16/09/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Rajiv Kumar Yadav, Adv. Mr. Santosh Kumar - I,Adv. Mr. Ashok Bannidinni, Adv. Mr. Purushottam Sharma Tripathi,Adv. For Respondent(s) Mr. V. N. Raghupathy,Adv. UPON hearing the counsel the Court made the following O R D E R CONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015 Deleted. CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 Registry to process the matter for listing before the Hon'ble Court in terms of the Hon'ble Court's order dated 17.8.2016 alongwith detailed office report. (PAWAN DEV KOTWAL) Registrar
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2016 IN CIVIL APPEAL NO. 6976 OF 2015 Mr. K. Umapathi alias Umapathi K Reddy & anr. ... Petitioners Versus M/s Adarsh Developers & Ors. ... Contemnors OFFICE REPORT The Civil Appeal above mentioned was disposed of by this Hon'ble Court on 19 th January, 2016 . The contempt petition above mentioned was listed before the Hon'ble Court on 10.05.2016, when the Court was pleased to pass the following order: “Issue notice, returnable within six weeks. Dasti, in addition, is permitted. List the matter in the second week of July, 2016. ” It is submitted that notice to all the four contemnors was issued on 30.05.2016 through registered A.D. along with Dasti. Neither A.D. Card nor unserved cover has been received back in respect of any of the four respondents in the matter so far. Service is incomplete. The contempt petition above mentioned was listed before the Hon'ble Court on 17.08.2016, when the Court was pleased to pass the following order: “In terms of the letter circulated on behalf of learned counsel for the respondents, let the matter be listed after two weeks. ” It is lastly submitted that Mr. Santosh Kumar, Advocate has on 06.07.2016 filed vakalatnama on behalf of the appellant after taking NOC from the erstwhile Advocate. He has on 31.08.2016 filed a letter requesting to issue dasti notices again to serve the unserved respondents in the matter. (Copy of the letter is enclosed herewith) The Contempt Petition above mentioned is listed before the Ld. Registrar Court with this office report. DATED THIS THE 15th DAY OF SEPTEMBER, 2016 ASSISTANT REGISTRAR Copy to : Mr. Santosh Kumar, Advocate ASSISTANT REGISTRAR
0ITEM NO.68 REGISTRAR COURT. 1 SECTION XVII 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 MR. PAWAN DEV KOTWAL CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 No(s). K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUSM/S. ADARSH DEVELOPERS AND ORS. Respondent(s)(with appln. (s) for permission to file additional documents and office report)WITHCONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015(With appln.(s) for permission to file additional documents and ) Date : 16/09/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Rajiv Kumar Yadav, Adv. Mr. Santosh Kumar - I,Adv. Mr. Ashok Bannidinni, Adv. Mr. Purushottam Sharma Tripathi,Adv.For Respondent(s) Mr. V. N. Raghupathy,Adv. UPON hearing the counsel the Court made the following O R D E RCONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015Deleted.CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015Registry to process the matter for listing before theHon'ble Court in terms of the Hon'ble Court's order dated17.8.2016 alongwith detailed office report. (PAWAN DEV KOTWAL) Registrar
ITEM NO.47 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) (with appln. (s) for permission to file additional documents and office report) WITH CONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015 (With appln.(s) for permission to file additional documents and ) Date : 17/08/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Gaurang Kanth, Adv. Mr. Rajeev Kumar Yadav, Adv. Ms. Shivani Kher, Adv. Mr. Santosh Kumar – I, AOR Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) Mr. V.N. Raghupathy, AOR UPON hearing the counsel the Court made the following O R D E R In terms of the letter circulated on behalf of learned counsel for the respondents, let the matter be listed after two weeks. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) and CONTEMPT PETITION NO. 289 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) IN CIVIL APPEAL NO. 6976 OF 2015 Mr. K. Umapathi alias Umapathi K Reddy & anr.Etc. ... Petitioners Versus M/s Adarsh Developers & Ors. Etc. ... Contemnors OFFICE REPORT The Civil Appeal above mentioned was disposed of by this Hon'ble Court on 19 th January, 2016 . (Copy of the order is included at Page nos. 17 to 19 in paper books of Contempt petition 271 of 2016 and at Page nos. 1921 in paper books of Contempt petition 289 of 2016) The Contempt Petitions above mentioned were listed before the Hon'ble Court on 11.07.2016, when the Court was pleased to pass the following order: “Learned counsel for the petitioners submitted that they have filed the notification indicating the circle rate of the property in question for the year 2015. Learned counsel for the respondents submitted that he has filed two notifications relating to the same property in respect of the same year Let the notifications be served on Mr. V.N. Raghupathy, learned standing counsel for the State of Karnataka who shall verify and file an affidavit of the competent authority with regard to the prevalent notification for the year 2015. List the matter on 17.08.2016. Registry is directed to reflect the name of Mr. V.N. Raghupathy, learned counsel in the cause list on that day. ” CONTEMPT PETITION NO. 271 OF 2016 It is submitted that notice to all the four contemnors was issued on 30.05.2016 through registered A.D. along with Dasti. Neither A.D. Card nor unserved cover has been received back in respect of any of the four respondents in the matter so far. Service is incomplete. Counsel for the appellant has not filed affidavit of dasti service in the matter so far.
CONTEMPT PETITION NO. 289 OF 2016 It is submitted that notice to the sole contemnor was issued on 07.06.2016 through registered A.D. along with Dasti. Mr. Santosh Kumar,Advocate has on 06.07.2016 filed vakalatnama on behalf of the sole contemnor and has also filed reply along with Annexure R1 to R20. (Copies are placed with paper books) Service is complete. It is further submitted that Counsel for the appellant and respondents have not filed proof of service of notifications on Mr. V.N. Raghupathy, Standing Counsel for the state of Karnataka in compliance of the above said orders. Name of Mr. V.N. Raghupathy, Advocate has been updated in both the matters in compliance of the above said orders. The Contempt Petitions above mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 16th DAY OF AUGUST, 2016 ASSISTANT REGISTRAR Copy to : Mr. Santosh Kumar, Advocate Mr. Purshottam Sharma Tripathy, Advocate ASSISTANT REGISTRAR
ÈITEM NO.47 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUSM/S. ADARSH DEVELOPERS AND ORS. Respondent(s)(with appln. (s) for permission to file additional documents and office report)WITHCONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015(With appln.(s) for permission to file additional documents and ) Date : 17/08/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE UDAY UMESH LALITFor Petitioner(s) Mr. Gaurang Kanth, Adv.Mr. Rajeev Kumar Yadav, Adv.Ms. Shivani Kher, Adv.Mr. Santosh Kumar ⬠I, AOR Mr. Ashok Bannidinni, Adv.Mr. Nitin R. Kalshetti, Adv.Mr. Purushottam Sharma Tripathi, AORFor Respondent(s) Mr. V.N. Raghupathy, AOR UPON hearing the counsel the Court made the following O R D E RIn terms of the letter circulated on behalf of learned counselfor the respondents, let the matter be listed after two weeks.(Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
ITEM NO.1 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) WITH CONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015 (With appln.(s) for permission to file additional documents and ) Date : 11/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Nitin Kumar Thakur, AOR Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) Mr. Gopal Subramaniam, Sr. Adv. Mr. Ratnakar Dash, Sr. Adv. Mr. Gaurang Kanth, Adv. Mr. Rajeev Yadav, Adv. Ms. Shivani Kher, Adv. Ms. Anusha Ramaya, Adv. Mr. Santosh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioners submitted that they have filed the notification indicating the circle rate of the property in question for the year 2015. Learned counsel for the respondents submitted that he has filed two notifications relating to the same property in respect of the same year.
2 Let the notifications be served on Mr. V.N. Raghupathy, learned standing counsel for the State of Karnataka who shall verify and file an affidavit of the competent authority with regard to the prevalent notification for the year 2015. List the matter on 17.08.2016. Registry is directed to reflect the name of Mr. V.N. Raghupathy, learned counsel in the cause list on that day. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) and CONTEMPT PETITION NO. 289 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) IN CIVIL APPEAL NO. 6976 OF 2015 Mr. K. Umapathi alias Umapathi K Reddy & anr. Etc. ... Petitioners VERSUS M/s Adarsh Developers & Ors. Etc. ... Contemnors OFFICE REPORT The Civil Appeal above mentioned was disposed of by this Hon'ble Court on 19 th January, 2016 . (Copy of the order is included at Page nos. 17 to 19 in paper books of Contempt petition 271 of 2016 and at Page nos. 1921 in paper books of Contempt petition 289 of 2016) The contempt petitions above mentioned were listed before the Hon'ble Court on 10.05.2016, when the Court was pleased to pass the following order: “Issue notice, returnable within six weeks. Dasti, in addition, is permitted. List the matter in the second week of July, 2016. ” CONTEMPT PETITION NO. 271 OF 2016 It is submitted that notice to all the four contemnors was issued on 30.05.2016 through registered A.D. along with Dasti. Mr. Santosh Kumar ,advocate has on 06.07.2016 filed vakalatnama on behalf of both the petitioners after taking NOC from the erstwhile advocate, Mr. Nitin Kumar Tripathi, Advocate. Neither A.D. Card nor unserved cover has been received back in respect of any of the four respondents in the matter so far. Service is incomplete. Counsel for the appellant has not filed affidavit of dasti service in the matter so far. CONTEMPT PETITION NO. 289 OF 2016 It is submitted that notice to the sole contemnor was issued on 07.06.2016 through registered A.D. along with Dasti. Mr. Santosh Kumar,Advocate has on 06.07.2016 filed vakalatnama on behalf of the sole contemnor and has also filed reply along with Annexure R1 to R20. (Copies are placed with paper books) Service is complete. Counsel for the sole contemnor has also filed application for permission to file additional documents along with Additional documents and the same is registered as I.A. No. 1 of 2016. (Copies are circulated herewith) The contempt petitions above mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 08th DAY OF JULY, 2016 ASSISTANT REGISTRAR
L ITEM NO.1 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) WITH CONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015 (With appln.(s) for permission to file additional documents and ) Date : 11/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Ashok Bannidinni, Adv. Mr. Nitin R. Kalshetti, Adv. Mr. Nitin Kumar Thakur, AOR Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) Mr. Gopal Subramaniam, Sr. Adv. Mr. Ratnakar Dash, Sr. Adv. Mr. Gaurang Kanth, Adv. Mr. Rajeev Yadav, Adv. Ms. Shivani Kher, Adv. Ms. Anusha Ramaya, Adv. Mr. Santosh Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioners submitted that they have filed the notification indicating the circle rate of the property in question for the year 2015.Signature Not VerifiedDigitally signed byGULSHAN KUMARARORADate: 2016.07.1315:00:25 IST Learned counsel for the respondents submitted that he hasReason: filed two notifications relating to the same property in respect of the same year. 2 Let the notifications be served on Mr. V.N. Raghupathy,learned standing counsel for the State of Karnataka who shallverify and file an affidavit of the competent authority with regardto the prevalent notification for the year 2015. List the matter on 17.08.2016. Registry is directed toreflect the name of Mr. V.N. Raghupathy, learned counsel in thecause list on that day.
(Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
ITEM NO.15 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) (with office report) WITH CONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015 Date : 10/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Ratnakar Dash, Sr. Adv. Mr. D.K. Thakur, Adv. Mr. Devendra Jha, Adv. Mr. Nitin Kumar Thakur,Adv. Mr. Sanjay R. Hegde, Sr. Adv. Mr. Nitin R. K., Adv. Mr. Ashok Bannidinni, Adv. Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable within six weeks. Dasti, in addition, is permitted. List the matter in the second week of July, 2016. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
SECTION XVII IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2016 with INTERLOCUTORY APPLICATION NO. 1 of 2016 (Application for permission to file additional documents) and CONTEMPT PETITION NO. 289 OF 2016 IN CIVIL APPEAL NO. 6976 OF 2015 Mr. K. Umapathi alias Umapathi K Reddy & anr. Etc. ... Petitioners VERSUS M/s Adarsh Developers & Ors. Etc. ... Contemnors OFFICE REPORT The Civil Appeal above mentioned was disposed of by this Hon'ble Court on 19 th January, 2016 . (Copy of the order is included at Page nos. 17 to 19 in paper books of Contempt petition 271 of 2016 and at Page nos. 19-21 in paper books of Contempt petition 289 of 2016) CONTEMPT PETITION NO. 271 OF 2016 It is submitted that Mr. Nitin Kumar Thakur, Advocate has on 18.3.2016 filed contempt petition for wilful and deliberate disobedience of the order dated 19 th January, 2016 passed by this Hon'ble Court. The same has been registered as Contempt Petition No. 271 of 2016 and placed with main appeal paper books. It is further submitted that Counsel for the appellant has on 04.05.2016 filed an application for permission to file additional documents and the same is registered as I.A. No. 1 of 2016. CONTEMPT PETITION NO. 289 OF 2016 It is submitted that Mr. Purshottam Sharma Tripathy, Advocate has on 16.3.2016 filed contempt petition for wilful and deliberate disobedience of the order dated 19 th January, 2016 passed by this Hon'ble Court. The same has been registered as Contempt Petition No. 289 of 2016 and placed with main appeal paper books. The contempt petitions above mentioned are listed before the Hon'ble Court with this office report. DATED THIS THE 09th DAY OF MAY, 2016 ASSISTANT REGISTRAR Copy to : Mr. Nitin Kumar Thakur, Advocate Mr. Purshottam Sharma Tripathy, Advocate c-8 ASSISTANT REGISTRAR
ú ITEM NO.15 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 271/2016 In C.A. No. 6976/2015 K. UMAPATHI ALIAS UMAPATHI K. REDDY Petitioner(s) VERSUS M/S. ADARSH DEVELOPERS AND ORS. Respondent(s) (with office report) WITH CONMT.PET.(C) No. 289/2016 In C.A. No. 6976/2015 Date : 10/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Ratnakar Dash, Sr. Adv. Mr. D.K. Thakur, Adv. Mr. Devendra Jha, Adv. Mr. Nitin Kumar Thakur,Adv. Mr. Sanjay R. Hegde, Sr. Adv. Mr. Nitin R. K., Adv. Mr. Ashok Bannidinni, Adv. Mr. Purushottam Sharma Tripathi, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable within six weeks. Dasti, in addition, is permitted. List the matter in the second week of July, 2016. (Gulshan Kumar Arora) (H.S. Parasher)Signature Not Verified Court Master Court MasterDigitally signed byGULSHAN KUMARARORADate: 2016.05.1217:15:48 ISTReason: