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Supreme Court - Daily Orders

The State Of West Bengal vs Lokenath Chakraborty . on 23 January, 2017

Author: L. Nageswara Rao

Bench: L. Nageswara Rao

                                                     1

     ITEM NO.9                              COURT NO.9                SECTION XVI

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

     I.A.5/2016, I.A.6/2016, I.A.7/2016 in Petition for Special Leave to
     Appeal (C) No.8902/2013

     (Arising out of impugned final judgment and order dated 30/07/2012
     in WPST No.599/2010 passed by the High Court Of Calcutta)

     STATE OF WEST BENGAL & ORS.                                          Petitioner(s)

                                                    VERSUS

     LOKNATH CHAKRABORTY & ORS.                          Respondent(s)
     (for substitution of LRs of the deceased respondent and c/delay in
     filing substitution appln. and substituted service)

     Date : 23/01/2017 These applications were called on for hearing
     today.

     CORAM :
                             HON'BLE MR. JUSTICE L. NAGESWARA RAO
                                             [IN CHAMBERS]

     For Petitioner(s)                 Mr. Sankar Ch. Ghose, Adv.
                                       Mr. Rudra Dutta, Adv.
                                       Mr. Parijat Sinha,Adv.

     For Respondent(s)                 Mr. Vishal Arun,Adv.

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

I.A.5/2016 (Application for substitution) & I.A.6/2016 (Application for condonation of delay) Delay in filing the application for substitution to bring on record the legal representatives of deceased respondent Nos.4 and 13 is condoned subject to the petitioners depositing Rs.5,000/- in the Supreme Court Employees' Welfare Fund. Signature Not Verified

Prayer for setting aside abatement is allowed. Digitally signed by ASHA SUNDRIYAL Date: 2017.01.25 17:36:40 IST Reason: Application for substitution is allowed.

Cause title be amended accordingly.

2

I.A.7/2016 (Application for substituted service) Learned counsel for the petitioners submits that respondent Nos.1 and 3 could not be served as they are not traceable.

He requests that he may be permitted to serve them by way of publication in daily newspapers – one in English (The Telegraph) and one in Bengali (Bartman) having wide circulation in the locality.

Permission, as requested, is granted.

Proof of dasti service of notice in respect of respondent Nos.7 & 21 may be filed within four weeks.

            (ASHA SUNDRIYAL)                           (CHANDER BALA)
              COURT MASTER                              COURT MASTER