ITEM NO.38 COURT NO.12 SECTION XIV 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). 13075/2015 (Arising out of impugned final judgment and order dated 13/10/2014 in RFA No. 19/2013 passed by the High Court Of Sikkim At Gangtok) M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with appln. (s) for permission to file additional documents and interim relief and office report) Date : 03/03/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Zangpo Sherpa, Adv. Mr. Zangpo Shrepa,Adv. Ms. Aruna Mathur, Adv. Mr. Avneesh Arputham, Adv. Ms. Anuradha Arputham, Adv. Mr. Amit Arora, Adv. M/s Arputham Aruna & Co.,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the Petitioner seeks leave to withdraw this Petition. Permission granted. Consequently the Special Leave Petition is dismissed as withdrawn. (NEELAM GULATI) COURT MASTER (TAPAN KR. CHAKRABORTY) COURT MASTER
LISTED ON: 03.03.2017 BEFORE LD. REGISTRAR COURT NO: 12 ITEM NO: 38 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 13075/2015 WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NO. 3 (Application for permission to file additional documents) M/S CALCUTTA HARDWARE STORES & ORS. ... PETITIONERS VERSUS SHRI NORBU TSHERING BHUTIA & ORS. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Hon’ble Court on 24.04.2015, when the following Order was passed:- “Delay condoned. Issue notice. Mr. Surya Kant, learned counsel, appears on caveat and accepts notice on behalf respondent no.1. Let notice be issued to other respondents. In the meanwhile, as prayed for, counter affidavit be filed by respondent no.1. Status quo, as it exists today, with regard to the possession of the suit premises, shall be maintained by the parties, subject to the condition that the petitioner shall deposit the entire arrears of rent with the respondents within four weeks from today.” It is submitted that as directed above, show-cause notice to respondent No. 1 through Mr. Zangpo Sherpa, Advocate, and respondent Nos. 2 and 3 by Regd. A.D. was issued on 13.07.2015. M/s Arputham Aruna and Co., Advocates, have filed Vakalatnama/Appearance on behalf of respondent Nos. 2 and 3. but has not filed counter-affidavit Counsel appearing for respondent No. 1 has filed counter-affidavit and the same has been included in SLP paper books. Counsel appearing for RAVI/01
respondent No. 1 has on 08.02.2016 filed an application for permission to file additional documents (Regd. as I.A. No. 3) and the same has included in SLP paper books. For non-filing of counter-affidavit on behalf of respondent Nos. 2 and 3, the matter was listed before the Court of Ld. Registrar on various dated and lastly listed on 28.07.2016, when the Court was pleased to pass the following order:- “ Despite last opportunity granted, respondent nos. 2 and 3 have not filed counter affidavit. As such, further opportunity is declined. Respondent no.1 has already filed counter affidavit. At this stage, ld. Counsel for the petitioner and respondent no.1 submit that the matter has been settled between the parties. As such, ld. Counsel appearing for the petitioner wants to withdraw the petition and wants time to file an application for the said purpose. Be filed within one weeks time. Registry to process thereafter. ” It is submitted that the counsel for the petitioners has not filed any application for withdrawal of SLP so far. It is further submitted that counsel appearing for respondent Nos. 2 & 3 has on 02.03.2017 filed counter-affidavit with the leave of Hon’ble Court and the same is being circulated herewith. Service is complete. The matter alongwith application above mentioned is listed before the Hon’ble Court with this office report. DATED THIS THE 02 nd DAY OF MARCH, 2017. ASSISTANT REGISTRAR COPY TO: Mr. Avinash Kumar, Adv. Ch. No.16 Mr. Zangpo Sherpa, Advocate Mr. Arputham Aruna & Co., Adv. Ch. No. 242 New Lawyers Chamber, SCI ASSISTANT REGISTRAR P-1 RAVI/01
ITEM NO.38 COURT NO.12 SECTION XIV 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 (C) No(s). 13075/2015(Arising out of impugned final judgment and order dated 13/10/2014in RFA No. 19/2013 passed by the High Court Of Sikkim At Gangtok)M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUSNORBU TSHERING BHUTIA AND ORS. Respondent(s)(with appln. (s) for permission to file additional documents and interim relief and office report)Date : 03/03/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROYFor Petitioner(s) Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Zangpo Sherpa, Adv. Mr. Zangpo Shrepa,Adv. Ms. Aruna Mathur, Adv. Mr. Avneesh Arputham, Adv. Ms. Anuradha Arputham, Adv. Mr. Amit Arora, Adv. M/s Arputham Aruna & Co.,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the Petitioner seeks leave towithdraw this Petition. Permission granted.Consequently the Special Leave Petition is dismissed aswithdrawn. (NEELAM GULATI) COURT MASTER (TAPAN KR. CHAKRABORTY) COURT MASTER
ITEM NO.44 REGISTRAR COURT. 1 SECTION XIV 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 Petition(s) for Special Leave to Appeal (C) No(s). 13075/2015 M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with appln. (s) for permission to file additional documents and interim relief and office report) Date : 28/07/2016 This petition was called on for hearing today. For Petitioner(s) Ms Pallavi Tayal Chadda, Adv. Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Zangpo Shrepa,Adv. Ms Aruna Mathur, Adv. M/s Arputham,Aruna & Co.,Adv. UPON hearing the counsel the Court made the following O R D E R Despite last opportunity granted, respondent nos. 2 and 3 have not filed counter affidavit. As such, further opportunity is declined. Respondent no.1 has already filed counter affidavit. At this stage, ld. Counsel for the petitioner and respondent no.1 submit that the matter has been settled between the parties. As such, ld. Counsel appearing for the petitioner wants to withdraw the petition and wants time to file an application for the said purpose. Be filed within one weeks time. Registry to process thereafter. (PAWAN DEV KOTWAL) Registrar
LISTED ON: 28.07.2016 BEFORE LD. REGISTRAR COURT NO: 1 ITEM NO: 44 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 13075/2015 M/S CALCUTTA HARDWARE STORES & ORS. ... PETITIONERS VERSUS SHRI NORBU TSHERING BHUTIA & ORS. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Court of Ld. Registrar on 11.04.2016, when the following Order was passed:- “Respondent No. 1 has already filed counter affidavit. Four weeks time, as last opportunity is granted to respondent nos. 2 and 3 for filing counter affidavit. List again on 28.07.2016.” It is submitted that as directed above, counsel appearing for respondent Nos. 2 and 3 has not filed counter affidavit so far. Counsel appearing for respondent No. 1 has already filed counter affidavit. Service is complete. The matter above mentioned is listed before the Court of Ld. Registrar with this office report. DATED THIS THE 27 th DAY OF JULY, 2016. ASSISTANT REGISTRAR COPY TO: Mr. Avinash Kumar, Adv. Ch. No.16 Mr. Surya Kant, Adv. Ch. No.422-A Mr. Arputham Aruna & Co., Adv. Ch. No. 242 New Lawyers Chamber, SCI ASSISTANT REGISTRAR P-1
\220ITEM NO.44 REGISTRAR COURT. 1 SECTION XIV 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 KOTWALPetition(s) for Special Leave to Appeal (C) No(s). 13075/2015M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUSNORBU TSHERING BHUTIA AND ORS. Respondent(s)(with appln. (s) for permission to file additional documents and interim relief and office report)Date : 28/07/2016 This petition was called on for hearing today.For Petitioner(s) Ms Pallavi Tayal Chadda, Adv. Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Zangpo Shrepa,Adv. Ms Aruna Mathur, Adv. M/s Arputham,Aruna & Co.,Adv. UPON hearing the counsel the Court made the following O R D E RDespite last opportunity granted, respondent nos. 2 and3 have not filed counter affidavit. As such, furtheropportunity is declined.Respondent no.1 has already filed counter affidavit.At this stage, ld. Counsel for the petitioner andrespondent no.1 submit that the matter has been settledbetween the parties. As such, ld. Counsel appearing for thepetitioner wants to withdraw the petition and wants time tofile an application for the said purpose. Be filed within oneweeks time. Registry to process thereafter. (PAWAN DEV KOTWAL) Registrar
ITEM NO.67 REGISTRAR COURT. 1 SECTION XIV 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 Petition(s) for Special Leave to Appeal (C) No(s). 13075/2015 M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with appln. (s) for permission to file additional documents and interim relief and office report) Date : 11/04/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Ajay Baury, Adv. Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Zangpo Shrepa,Adv. M/s Arputham,Adv. Aruna & Co.,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent No. 1 has already filed counter affidavit. Four weeks time, as last opportunity is granted to respondent nos. 2 and 3 for filing counter affidavit. List again on 28.07.2016. (PAWAN DEV KOTWAL) Registrar
LISTED ON: 11.04.2016 BEFORE LD. REGISTRAR COURT NO: 1 ITEM NO: 67 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 13075/2015 M/S CALCUTTA HARDWARE STORES & ORS. ... PETITIONERS VERSUS SHRI NORBU TSHERING BHUTIA & ORS. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Court of Ld. Registrar on 12.02.2016, when the following Order was passed:- “Respondent no. 1 has already filed counter affidavit. Respondent no. 2 and 3 to file the same within four weeks time. List again on 11.04.2016.” It is submitted that as directed above, counsel appearing for respondent Nos. 2 and 3 has not filed counter affidavit so far. Counsel appearing for respondent No. 1 has already filed counter affidavit. Service is complete. The matter above mentioned is listed before the Court of Ld. Registrar with this office report. DATED THIS THE 8 th DAY OF APRIL, 2016. ASSISTANT REGISTRAR COPY TO: Mr. Avinash Kumar, Adv. Ch. No.16 Mr. Surya Kant, Adv. Ch. No.422-A Mr. Arputham Aruna & Co., Adv. Ch. No. 242 New Lawyers Chamber, SCI ASSISTANT REGISTRAR P-1
8ITEM NO.67 REGISTRAR COURT. 1 SECTION XIV 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 KOTWALPetition(s) for Special Leave to Appeal (C) No(s). 13075/2015M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUSNORBU TSHERING BHUTIA AND ORS. Respondent(s)(with appln. (s) for permission to file additional documents and interim relief and office report)Date : 11/04/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Ajay Baury, Adv. Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Zangpo Shrepa,Adv. M/s Arputham,Adv. Aruna & Co.,Adv. UPON hearing the counsel the Court made the following O R D E RRespondent No. 1 has already filed counter affidavit. Four weeks time, as last opportunity is granted to respondentnos. 2 and 3 for filing counter affidavit.List again on 28.07.2016. (PAWAN DEV KOTWAL) Registrar
ITEM NO.64 REGISTRAR COURT. 1 SECTION XIV 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 Petition(s) for Special Leave to Appeal (C) No(s). 13075/2015 M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with interim relief and office report) Date : 12/02/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Ninda Dogra, AOR Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Zangpo Sherpa, Adv. Mr. Surya Kant,Adv. M/s Arputham,Adv. Aruna & Co.,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent no. 1 has already filed counter affidavit. Respondent no. 2 and 3 to file the same within four weeks time. List again on 11.04.2016. (PAWAN DEV KOTWAL) Registrar
LISTED ON: 12.02.2016 BEFORE LD. REGISTRAR COURT NO: 1 ITEM NO: 64 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 13075/2015 M/S CALCUTTA HARDWARE STORES & ORS. ... PETITIONERS VERSUS SHRI NORBU TSHERING BHUTIA & ORS. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Court of Ld. Registrar on 27.11.2015, when the following Order was passed:- “Respondent No.1 has already filed the counter affidavit. Respondent Nos.2 and 3 are yet to be served. The Ld. Counsel for the petitioner to take fresh steps to effect service. Both the respondents, being State functionaries, service can be effected through the standing counsel concerned. Notice be accordingly issued. List again on 12.2.2016.” It is submitted that M/s. Arputham Aruna & Co., Advocates have on 13.01.2016 filed vakalatnama/appearance on behalf of respondent Nos. 2 and 3 but they have not filed counter affidavit so far. Counsel appearing for respondent No. 1 has already filed counter affidavit. He has on 08.02.2016 filed an application for permission to file additional documents without serving its copies on counsel appearing for respondent Nos. 2 and 3. Service is complete. The matter above mentioned is listed before the Court of Ld. Registrar with this office report. DATED THIS THE 11 th DAY OF FEBRUARY, 2016. ASSISTANT REGISTRAR COPY TO: Mr. Avinash Kumar, Adv. Ch. No.16 Mr. Surya Kant, Adv. Ch. No.422-A ASSISTANT REGISTRAR P-1
Ì ITEM NO.64 REGISTRAR COURT. 1 SECTION XIV 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 Petition(s) for Special Leave to Appeal (C) No(s). 13075/2015 M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with interim relief and office report) Date : 12/02/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Ninda Dogra, AOR Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Zangpo Sherpa, Adv. Mr. Surya Kant,Adv. M/s Arputham,Adv. Aruna & Co.,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent no. 1 has already filed counter affidavit. Respondent no. 2 and 3 to file the same within four weeks time. List again on 11.04.2016. (PAWAN DEV KOTWAL)Signature Not Verified RegistrarDigitally signed byRupam DhamijaDate: 2016.02.1310:55:06 ISTReason:
ITEM NO.79 REGISTRAR COURT. 1 SECTION XIV 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 MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 13075/2015 M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with interim relief and office report) Date : 27/11/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Ajay Rathi, Adv. Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Surya Kant,Adv. Mr. Zangpo Sharpa, Adv. Mr. Mahesh Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Respondent No.1 has already filed the counter affidavit. Respondent Nos.2 and 3 are yet to be served. The Ld. Counsel for the petitioner to take fresh steps to effect service. Both the respondents, being State functionaries, service can be effected through the standing counsel concerned. Notice be accordingly issued. List again on 12.2.2016. (RACHNA GUPTA) Registrar
LISTED ON: 27.11.2015 BEFORE LD. REGISTRAR COURT NO:1 ITEM NO:79 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 13075/2015 M/S CALCUTTA HARDWARE STORES & ORS. ... PETITIONERS VERSUS SHRI NORBU TSHERING BHUTIA & ORS. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Court of Ld. Registrar on 08.09.2015, when the following Order was passed:- “ Respondent No. 1 has yet not filed the counter affidavit. Be filed within four weeks. It shall be the last opportunity. Service report in respect of the remaining both the respondents i.e., respondent Nos. 2 and 3 is still awaited. List again on 27.11.2015. ” It is submitted that as directed above, counsel appearing for Respondent No. 1 has on 01.10.2015 filed counter-affidavit. Neither AD card nor unserved cover containing notice has has been received from Respondent Nos. 2 and 3 so far. Service is not complete. The matter above mentioned is listed before the Court of Ld. Registrar with this office report. DATED THIS THE 26 th DAY OF NOVEMBER, 2015. ASSISTANT REGISTRAR COPY TO: Mr. Avinash Kumar, Adv. Ch. No.16 Mr. Surya Kant, Adv. Ch. No.422-A ASSISTANT REGISTRAR P-1
\210 ITEM NO.79 REGISTRAR COURT. 1 SECTION XIV 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 MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 13075/2015 M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with interim relief and office report) Date : 27/11/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Ajay Rathi, Adv. Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Surya Kant,Adv. Mr. Zangpo Sharpa, Adv. Mr. Mahesh Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Respondent No.1 has already filed the counter affidavit. Respondent Nos.2 and 3 are yet to be served. The Ld. Counsel for the petitioner to take fresh steps to effect service. Both the respondents, being State functionaries, service can be effected through the standing counsel concerned. Notice be accordingly issued. List again on 12.2.2016.Signature Not Verified (RACHNA GUPTA)Digitally signed byRupam DhamijaDate: 2015.11.27 Registrar16:50:00 ISTReason:
ITEM NO.75 REGISTRAR COURT. 1 SECTION XIV 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 MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 13075/2015 M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with interim relief and office report) Date : 08/09/2015 This petition was called on for hearing today. For Petitioner(s) Ms. Nauras Suhrawardy, Adv. Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Surya Kant,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent No.1 has yet not filed the counter affidavit. Be filed within four weeks. It shall be the last opportunity. Service report in respect of the remaining both the respondents i.e., respondent Nos.2 and 3 is still awaited. List again on 27.11.2015. (RACHNA GUPTA) Registrar
LISTED ON: 08.09.2015 BEFORE LD. REGISTRAR COURT NO:1 ITEM NO:75 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. 13075/2015 M/S CALCUTTA HARDWARE STORES & ORS. ... PETITIONERS VERSUS SHRI NORBU TSHERING BHUTIA & ORS. ...RESPONDENTS OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 24.04.2015, when the Court was pleased to pass the following Order:- “Delay condoned. Issue notice. Mr. Surya Kant, learned counsel, appears on caveat and accepts notice on behalf respondent no.1. Let notice be issued to other respondents. In the meanwhile, as prayed for, counter affidavit be filed by respondent no. 1. Status quo, as it exists today, with regard to the possession of the suit premises, shall be maintained by the parties, subject to the condition that the petitioner shall deposit the entire arrears of rent with the respondents within four weeks from today. ” It is submitted that purusant to aforesaid order, show cause notice to all the three respondents was issued on 13.07.2015 by registered AD. Counsel appearing for Respondent No. 1 has not filed Counter affidavit so far. Neither AD card nor unserved cover containing notice has has been received from Respondent Nos. 2 and 3 so far. Servie is not complete. The matter above mentioned is listed before the Court of Ld. Registrar with this office report. DATED THIS THE 07 th DAY OF SEPTEMBER, 2015. ASSISTANT REGISTRAR
COPY TO: Mr. Avinash Kumar, Adv. Ch. No.16 Mr. Surya Kant, Adv. Ch. No.422-A ASSISTANT REGISTRAR p-1
\ ITEM NO.75 REGISTRAR COURT. 1 SECTION XIV 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 MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (C) No(s). 13075/2015 M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (with interim relief and office report) Date : 08/09/2015 This petition was called on for hearing today. For Petitioner(s) Ms. Nauras Suhrawardy, Adv. Mr. Avinash Kumar,Adv. For Respondent(s) Mr. Surya Kant,Adv. UPON hearing the counsel the Court made the following O R D E R Respondent No.1 has yet not filed the counter affidavit. Be filed within four weeks. It shall be the last opportunity. Service report in respect of the remaining both the respondents i.e., respondent Nos.2 and 3 is still awaited. List again on 27.11.2015. (RACHNA GUPTA) RegistrarSignature Not VerifiedDigitally signed byRupam DhamijaDate: 2015.09.1212:00:05 ISTReason:
1 ITEM NO.22 COURT NO.10 SECTION XIV 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....../2015 CC No.6801/2015 (Arising out of impugned final judgment and order dated 13/10/2014 in RFA No.19/2013 passed by the High Court Of Sikkim At Gangtok) M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (With appln. (s) for c/delay in filing SLP and office report) Date : 24/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. R.S. Suri, Sr. Adv. Mr. Avinash Kumar,Adv. Mr. Ajay Rathi, Adv. Ms. Pallavi Tayal Chadda, Adv. For Respondent(s) Mr. Huzefa Ahmadi, Sr. Adv. Mr. Surya Kant,Adv. Mr. Eklovya Rai Nagpal, Adv. Mrs. Shikha Rai, Adv. Mr. Pranav Vyas, Adv. UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. Mr. Surya Kant, learned counsel, appears on caveat and accepts notice on behalf respondent no.1. Let notice be issued to other respondents. In the meanwhile, as prayed for, counter affidavit be filed by respondent no.1.
2 Status quo , as it exists today, with regard to the possession of the suit premises, shall be maintained by the parties, subject to the condition that the petitioner shall deposit the entire arrears of rent with the respondents within four weeks from today. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master
LISTED ON: 24.04.2015 BEFORE COURT NO: 10 ITEM NO: 22 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CC NO. 6801/2015 PETITION FOR SPECIAL LEAVE TO APPEAL (C) No. /2015 WITH INTERLOCUTORY APPLICATION NO.1 (Application for condonation of delay in filing SLP) M/S CALCUTTA HARDWARE STORES & ORS. ... PETITIONERS VERSUS SHRI NORBU TSHERING BHUTIA & ORS. ...RESPONDENTS OFFICE REPORT It is submitted for the information of the Hon'ble Court that the instant matter has been filed against the Judgment and Order dated 13.10.2014 of the High Court of Sikkim at Gangtok in R.F.A. No. 19 of 2013 alongwith application for condonation of delay in filing SLP (barred by time by 75 days) and the same has been included in SLP paper books. It is further submitted that counsel for the petitioner was required to file certain exhibits. In this regard, he has given a letter dated 08.04.2015 and the same is placed at page No. 236 of SLP paper books. It is further submitted that in view of undertaking letter dated 08.04.2015 at page No. 237 of SLP, counsel for the petitioner has on 11.04.2015 filed undertaking documents(execution petition bearing case No. 1 of 2015) and the same has been included in SLP paper books. The matter alongwith application above-mentioned is listed before the Hon’ble Court with this Office Report. DATED THIS THE 22 nd DAY OF APRIL, 2015. ASSISTANT REGISTRAR COPY TO: Mr. Avinash Kumar, Adv. Ch. No.16 Mr. Surya Kant, Adv. Ch. No.422-A ASSISTANT REGISTRAR p-1
Ì 1 ITEM NO.22 COURT NO.10 SECTION XIV 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....../2015 CC No.6801/2015 (Arising out of impugned final judgment and order dated 13/10/2014 in RFA No.19/2013 passed by the High Court Of Sikkim At Gangtok) M/S. CALCUTTA HARDWARE STORES AND ORS. Petitioner(s) VERSUS NORBU TSHERING BHUTIA AND ORS. Respondent(s) (With appln. (s) for c/delay in filing SLP and office report) Date : 24/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. R.S. Suri, Sr. Adv. Mr. Avinash Kumar,Adv. Mr. Ajay Rathi, Adv. Ms. Pallavi Tayal Chadda, Adv. For Respondent(s) Mr. Huzefa Ahmadi, Sr. Adv. Mr. Surya Kant,Adv. Mr. Eklovya Rai Nagpal, Adv. Mrs. Shikha Rai, Adv. Mr. Pranav Vyas, Adv. UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. Mr. Surya Kant, learned counsel, appears on caveat and accepts notice on behalf respondent no.1.Signature Not VerifiedDigitally signed bySanjay KumarDate: 2015.04.2416:27:27 ISTReason: Let notice be issued to other respondents. In the meanwhile, as prayed for, counter affidavit be filed by respondent no.1. 2 Status quo, as it exists today, with regard to the possessionof the suit premises, shall be maintained by the parties, subjectto the condition that the petitioner shall deposit the entirearrears of rent with the respondents within four weeks from today.
(Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master