(Dipak Misra, C.J. and Ashok Bhushan and S. Abdul Nazeer, JJ.)
M. Siddiq (D) Thr. Lrs. ___________________________ Appellant(s);
v.
Mahant Suresh Das and Others ____________________ Respondent(s).
Civil Appeal No(s). 10866-10867/2010, decided on February 8, 2018
(IA No. 14101/2018-impleading party and IA No. 15028/2018-Permission to File Additional Documents for On IA 27-28/2012 (Application for intervention of Mr. Akhil Kr. Sahoo, Int-in-person) For on IA 1-2/2016 (Application for Directions) in I.A. No. 33-34/2016 I.A. No. 33-34/2016 (App. for Intervention of Dr. Subramanian Swamy, in-person) For On IA 5827/2017 (Intervention) For on IA 35-36/2017 (Inmpleadment) For Exemption From Filing O.T. on IA 37-38/2017 FOR Intervention/Impleadment on IA 43415/2017 For Intervention/Impleadment on IA 70313/2017 For Clarification/Direction on IA 92432/2017 For Permission to File Additional Documents on IA 111614/2017 For Permission to File Additional Documents on IA 112071/2017 For Exemption From Filing O.T. on IA 112074/2017 For Permission to File Additional Documents on IA 114905/2017 For Exemption From Filing O.T. on IA 114906/2017 For Appropriate Orders/Directions on IA 117751/2017 For Permission to File Additional Documents on IA 122858/2017 For Permission TO File Additional Documents on IA 122952/2017 For Exemption From Filing O.T. on IA 122953/2017 For [IA For Seeking Settlement Proposal] on IA 123293/2017 For Exemption From Filing O.T. on IA 123298/2017 For Permission to File Additional Documents on IA 124070/2017 For Intervention/Impleadment on IA 127588/2017 For Permission to File Additional Documents on IA 128482/2017 For Exemption From Filing O.T. on IA 128485/2017 For Intervention Application on IA 130831/2017 For Intervention Application on IA 131186/2017 For Clarification/Direction on IA 131189/2017 For Permission to File Additional Documents on IA 136587/2017 For Exemption From Filing O.T. on IA 136591/2017 For Permission to File Additional Documents on IA 7459/2018 For Permission to File Additional Documents on IA 11386/2018 For Amendment of Appeal/Petition/I.A. on IA 11602/2018 and IA No. 17914/2018-Permission to File Additional Documents and IA No. 18939/2018-Exemption From Filing O.T.) With C.A. Nos. 4768-4771/2011 (III-A) (IA For Exemption From Filing O.T. on IA 106448/2017 For Permission to File Additional Documents on IA 125640/2017 For Intervention Application on IA 131419/2017 For Permission to Appear and Argue in Person on IA 131424/2017 and IA No. 17954/2018-Permission to File Additional Documents) C.A. No. 2636/2011 (III-A) C.A. No. 821/2011 (III-A) (and For Deleting the Name of Respondent on IA 14847/2018 For Application For Substitution on IA 14850/2018 For Condonation of Delay in Filing Substitution Appln. on IA 14851/2018 For Application For Substitution on IA 14926/2018 For Exemption From Filing O.T. on IA 14927/2018 and IA No. 19847/2018-Condonation of Delay in Filing Substitution Appln.) C.A. No. 4739/2011 (III-A) C.A. No. 4905-4908/2011 (III-A) (and) C.A. No. 2215/2011 (III-A) C.A. No. 4740/2011 (III-A) (For IA 30560/2017 (Direction) For Exemption From Filing O.T. on IA 119934/2017 For impleading party on IA 129876/2017) C.A. No. 2894/2011 (III-A) C.A. No. 6965/2011 (III-A) C.A. No. 4192/2011 (III-A) (and For Permission to File Additional Documents on IA 113267/2017 For Exemption From Filing O.T. on IA 113268/2017 and IA No. 17236/2018-XTRA and IA No. 19817/2018-Permission to Appear and Argue in Person and IA No. 19818/2018-impleading party) C.A. No. 5498/2011 (III-A) C.A. No. 7226/2011 (III-A) (For Intervention Application on IA 10/2017) C.A. No. 8096/2011 (III-A) (and For Clarification/Direction on IA 121765/2017) Diary No(s). 14765/2017 (II) (IA No. 88042/2017-Condonation of Delay in Filing and IA No. 88044/2017-Exemption From Filing O.T. and IA No. 88043/2017-Condonation of Delay in Refiling)
The Order of the court was delivered by
Order
1. The interlocutory applications filed by the parties to the appeals pertaining to filing of additional documents and exemption from filing official translation stand allowed. Interlocutory applications seeking condonation of delay in the application for substitution, setting aside abatement and the applications pertaining to substitution stand allowed. The applications seeking filing of documents, which have been exhibited before the High Court, are allowed. The applications for deletion of parties are allowed at the risk of the parties filing the said applications.
2. The applications for impleadment and intervention shall be considered at the appropriate time.
3. Mr. Ejaz Maqbool, learned counsel appearing for the appellants in C.A. Nos. 10866-10867 of 2010 has filed a chart indicating Exhibits A37 to A40 which shall be translated by him within two weeks hence.
4. As far as the appeals arising out of Suit No. 4 are concerned, the Exhibits 11, 52/49, 53, 81, 83 and 106 shall also be translated by Mr. Ejaz Maqbool within the said span of time.
5. It is submitted by Mr. Maqbool that certain books in appeals, arising out of Suit Nos. 3, 4 and 5 though have been exhibited before the High Court, are in different languages, and, therefore, the first page of the book and the relied upon portion should be translated and be furnished to the Court. As the books have been exhibited in entirety, it will be open to Mr. Maqbool, after takintg assistance from other counsel, to point out to the counsel for the other side the said part so that the same can also be translated in English. The books which are in English, they can be photocopied and can be handed over to the learned counsel for the respective parties.
6. Be it noted, there are two video cassettes i.e. Exhibits 54 and 55. It is the submission of Mr. Maqbool that copies of the said video cassettes should be made available to the parties. The Registry is directed to make copies thereof and hand over the same to the learned counsel for the parties on payment of actual cost. The Registry shall assess the cost and intimate about the same to the counsel.
7. It is to be noted that this Court had already passed an order dated 30th October, 2015, in these appeals with reference to grant of copy of the digitised version of the evidence. This Court further directed vide order dated 30th October, 2015, that interim directions issued by the High Court in terms of its order dated 20th August, 2002, as modified by its order dated 17th February, 2003, shall continue to remain operative pending further orders from this Court.
8. We also direct that the same restrictions as contained in this Court’s order dated 30th October, 2015, shall continue to operate with regard to copies of video casettes, which have been directed to made available to the parties as above.
9. Let the aforesaid exercise be completed within two weeks hence.
10. Mr. Maqbool and Mr. P.V. Yogeswaran, learned counsel undertake that they will number the volumes that have been filed so that it can be easier to refer to them at the time of hearing.
11. The appeals be listed on 14.03.2018 at 2.00 P.M.
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