LISTED ON : 28.07.

2023
COURT NO. : 5
ITEM NO. : 36 & 36.1

SECTION-IX
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 15739 OF 2019

(WITH PRAYER FOR INTERIM RELIEF)
WITH
INTERLOCUTORY APPLICATION NO. 85639 OF 2019
(Application for exemption from filing certified copy of the impugned judgement)

AND

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 7313-7314 OF 2020

WITH PRAYER FOR INTERIM RELIEF
WITH
INTERLOCUTORY APPLICATION NOS. 37630 OF 2020
(Application for exemption from filing certified copy of the impugned order)

SANJAY & ORS. ETC. … PETITIONERS

- VERSUS -
THE STATE OF MAHARASHTRA & ORS. ETC. ... RESPONDENTS

OFFICE REPORT
The above-mentioned matters were listed before the Hon’ble Court on 24 th April, 2023 with
Office report dated 22.04.2023, when the Court was pleased to pass the following order :
“SLP(C)No.15739 of 2019

1. The application for exemption from filing the official translation of

Annexures is allowed.
2. The application for condonation of delay in filing the application for
substitution with setting aside abatement in respect of deceased petitioner
Nos.7, 10 and 11 is allowed.
3. The application for bringing on record the Lrs. Of deceased
petitioner Nos.7, 10 and 11 is also allowed and the Lrs. are brought on
record.
4. Amended memo of parties be filed within two weeks.
5. Post the matter for hearing on 24.07.2023.

SLP(C) Nos.7313-7314/2020

1. The application for exemption from filing the official translation of

 Annexures is allowed.
2. The application for condonation of delay in filing the application for
substitution with setting aside abatement in respect of deceased respondent
Nos.8, 11 and 12 is allowed.
3. The application for bringing on record the Lrs. Of deceased
respondent Nos.8, 11 and 12 is also allowed and the Lrs. are brought on
record.
4. Amended memo of parties be filed within two weeks.
5. Issue notice to the newly added legal representatives.
6. Fresh particulars be also furnished in respect of unserved respondent
Nos.7 and 14.
7. Upon receipt of fresh particulars, fresh notice be issued to unserved
respondent Nos.7 and 14.
8. Post these matters for hearing on 24.07.2023.”

The service position of the matters is as appended below:

S.L.P (CIVIL) NO. 15739 OF 2019

It is submitted that there are 8 respondents in the matter above-mentioned. Respondent Nos.
2 and (1, 4 & 5 ) are represented by M/s. Harish Pandey and Aaditya A. Pande, Advocates
respectively, but they have not filed counter affidavit on their behalf, so far. Dr. Harsh V. Surana,
Advocate has filed vakalatanama/ appearance on behalf of Respondent Nos. 6 and 7 and counter
affidavit on behalf of Respondent no. 6 only. (copy of counter affidavit has been placed with the
SLP paper-books). No one has entered appearance on behalf of Respondent No. 3, so far though
served with notice.
It is further submitted that the name of Respondent No. 8 has been transposed as Petitioner
No. 12 vide Hon’ble Chamber Judge’s Order dated 8th July, 2020 passed in I.A. No.147097 of 2019.
Accordingly, cause title has been amended and included in the SLP paper-books.
It is further submitted that pursuant to aforesaid order dated 24.04.2023, the names of Lrs.
of deceased petitioner Nos. 7, 10 and 11 have been brought on record as Lrs Nos. (7.1 to 7.4),
(10.1.to 10.3) and (11.1 to 11.4) respectively passed in I.A. No. 43705 of 2022. The cause title has
been amended accordingly and included in the SLP paper-books.
It is lastly submitted that counsel for the petitioner has on 21.07.2023 also filed amended
cause title and vakalatnama/appearance on behalf of the legal heirs of the deceased petitioner nos.
7, 10 and 11.
The service of notice is complete in the SLP.
 SLP(C) NO. 7313-7314 OF 2020
It is submitted that there are total 18 respondents in the matters above-mentioned. Mr.
Atul Babasaheb Dakh, Advocate has earlier filed vakalatnama/appearance and counter affidavit
on behalf of Respondent Nos. 1 to 6 and 8 to 12 (out of which respondent Nos. 8, 11 and 12
have expired). (Copy of the counter affidavit is placed with the SLP paper-books). Respondent
Nos. 13, 16 and 17 are represented by Mr. Aaditya A. Pande, Advocate, but counter affidavit has
been filed on behalf of Respondent No. 17 only (Copy of the counter affidavit is placed with the
SLP paper-books). Mr. Zoheb Hossain, Advocate has filed vakalatnama/appearance on behalf
of Respondent No. 15, but the counsel has not filed counter affidavit on its behalf, so far. No
one has entered appearance on behalf of respondent No. 18, so far, though served with notice.
It is further submitted that pursuant to aforesaid order dated 24.04.2023, the Lrs. of
deceased Respondent Nos. 8, 11 and 12 have been brought on record as Respondent Nos. (8.1 to
8.4), (11.1 to 11.3) and (12.1 to 12.4). Accordingly, cause title has been amended and included
in the SLP paper-books. In view of the aforesaid order, Mr. Atul Babasaheb Dakh, Advocate
has on 21st July, 2023 also filed amended cause title and vakalatnama/appearance on behalf of
the legal heirs of the deceased respondents.
. It is further submitted that pursuant to aforesaid order, fresh show cause notice has been
issued to the legal heirs of the deceased respondent Nos. 8, 11 and 12 i.e { (8.1 to 8.4), (11.1 to
11.3) and (12.1 to 12.4)} through Mr. Atul Babasaheb Dakh, Advocate.
It is further submitted that pursuant to the aforesaid order, counsel for the petitioner has
neither filed fresh particulars nor taken fresh steps for effecting service of notice in respect of
unrserved respondent Nos. 7 and 14, so far. However, Respondent No. 7 (Vijay S/o Bhausaheb
Khatik) in the instant SLPs is the Petitioner No. 12 in SLP © No. 15739 of 2019. Respondent
No. 14 (All India Council for Technical Education…….) is common with Respondent No. 2 in
SLP © No. 15739 of 2019 and is represented through Mr. Harish Pandey, Advocate.
It is further submitted that in view of Order 27th May, 2020, above, Dr. Harsh V. Surana,
Advocate for the Petitioner has on 17th July, 2020 deposited a sum of Rs. 23,25,978/- (Rupees
Twenty Three Lacs Twenty Five Thousand Five Thousand Nine Hundred Seventy Eight only)
and the same was invested in FDR, which has been renewed from time to time and now FDR of
Rs. 26, 21, 626 (Rupees Twenty Six Lacs Twenty One Thousands Six Hundred and Twenty Six
only- inclusive of interest) has been renewed for further period of one year and bears maturity
on 29th February, 2024.
The service of notice is not complete on respondent No. 7 in the matter.
The matters alongwith applications in the matters above-mentioned are listed before the
Hon'ble Court with this office report.
DATED THIS THE 27TH DAY OF JULY, 2023.
ASSISTANT REGISTRAR