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Supreme Court - Daily Orders

Dvb ( Now Bses Rajdhani Power Limited) vs Dashrath Lal (Deceased) Through Lrs. on 27 February, 2020

Author: R. Banumathi

Bench: R. Banumathi

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     ITEM NO.9                               COURT NO.5                  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).    16851/2019

     DVB ( NOW BSES RAJDHANI POWER LIMITED) & ANR.                         Petitioner(s)

                                                     VERSUS

     DASHRATH LAL (DECEASED) THROUGH LRS. & ORS.                           Respondent(s)

     (I.A. D.No.190674/2019 Application for substitution
      IA No. 22957/2020 - APPLICATION FOR CONDONATION OF DELAY IN FILING
     THE APPLICATION FOR SETTING ASIDE THE ABATEMENT
      IA No. 16899/2020 - CONDONATION OF DELAY IN FILING SUBSTITUTION
     APPLN., IA No. 22954/2020 - SETTING ASIDE AN ABATEMENT)

     Date : 27-02-2020 This matter was called on for hearing today.

     CORAM :
                             HON'BLE MRS. JUSTICE R. BANUMATHI
                                               [IN CHAMBER]

     For Petitioner(s)                 Ms.   Anne Mathew, AOR
                                       Mr.   Sandeep Prabhakar,Adv.
                                       Mr.   Amit Kumar,Adv.
                                       Mr.   Ishan Lamba,Adv.
                                       Ms.   Shruti Jose,Adv.

     For Respondent(s)                 Mr.   Ashim Kumar Banerjee,Sr.Adv.
                                       Mr.   Rana Ranjit Singh, AOR
                                       Mr.   Vivek Kumar Singh,Adv.
                                       Ms.   Akanksha Singh,Adv.
                                       Mr.   Ravish Singh,Adv.

                         UPON hearing the counsel the Court made the following
                                             O R D E R

I.A. D. No. 190674/2019 & IA No(s) 16899/2020,22954/2020,22957/2020 :

Abatement caused due to the death of respondent no.5 is set aside.
Signature Not Verified
Delay of 156 days in filing the application for substitution Digitally signed by MAHABIR SINGH is condoned.
Date: 2020.02.29 13:46:56 IST Reason:
For the reasons stated in the application supported by an affidavit, application (IA No.D.190674/2019) is allowed and the legal representatives no.5(i)- Nirmala Devi; 5(ii)-Ranjit Kumar;
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5(iii)-Santosh Kumar Pal; 5(iv)-Geeta Pal; 5(v)-Gayatri Pal; 5(vi)- Rekha Pal; and 5(vii)-Aarti of deceased respondent no.5 are ordered to be brought on record.
Amended cause title be filed within two weeks. Mr. Rana Ranjit Singh, Advocate, appears and takes notice on behalf of all the legal representatives of the deceased respondent no.5.
The Registry is directed to process the matter for listing before the Court after four weeks.
In the meanwhile, counter affidavit, if any, be filed by learned counsel for the legal representatives of the deceased respondent no.5.
(MAHABIR SINGH)                                      (BEENA JOLLY)
  AR-cum-PS                                          BRANCH OFFICER