Union Of India vs K. L. Mehandiratta . on 26 February, 2020

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Supreme Court - Daily Orders

Union Of India vs K. L. Mehandiratta . on 26 February, 2020

Bench: R. Banumathi

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     ITEM NO.7                         COURT NO.5                  SECTION XIV-A

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

     Civil Appeal No(s). 4386/2016
     UNION OF INDIA & ANR.                                           Appellant(s)

                                                VERSUS

     K. L. MEHANDIRATTA . & ORS.                      Respondent(s)
     (I.A. Nos. 27658, 41103 and 41104 of 2018 (Applications for
     substitution and condonation of delay in filing substitution and
     setting aside abatement in C.A. Nos. 4386/2016 )

     WITH
     C.A. No. 4388/2016 (XIV-A)
     (FOR ON IA 1/2017 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION
     APPLN. ON IA 2/2017 AND IA No. 2/2017 - CONDONATION OF DELAY IN
     FILING SUBSTITUTION APPLN.)

     C.A. No. 5498/2016 (XIV-A)
     (WITH APPLICATION FOR CONDONATION OF DELAY IN FILING APPLICATION
     FOR SUBSTITUTION, SETTING ASIDE ABATEMENT AND APPLICATION FOR
     SUBSTITUTION)

     C.A. No. 5497/2016 (XIV-A)
     (WITH APPLICATION FOR CONDONATION OF DELAY IN FILING APPLICATION
     FOR SUBSTITUTION, SETTING ASIDE ABATEMENT AND APPLICATION FOR
     SUBSTITUTION)

     Date : 26-02-2020 These matters were called on for hearing today.

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

     For Appellant(s)              Mrs. Anil Katiyar, AOR

                                   Mr. Vibhu Shanker Mishra,Adv.
                                   Mr. Raj Bahadur Yadav,Adv.
                                   Mr. Mukesh Kumar Maroria, AOR

     For Respondent(s)             Mr. Satya Mitra Garg, AOR

                                   Mr. Satpal Singh, AOR
Signature Not Verified

Digitally signed by
MADHU BALA
Date: 2020.03.03                   Mrs. Farhat Jahar Rehmani,Adv.
15:23:54 IST
Reason:                            Mr. Pranay Chamoli,Adv.
                                   Mr. V.M. Prasad,Adv.
                                   Mr. Rajeev Singh, AOR
                                       2


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

I.A. No. 27658, 41103 and 41104 of 2018 In C.A. No. 4386 of 2016 Delay in filing the application for bringing on record the L.Rs of deceased respondent no. 16 viz. Keshava Nand Park is condoned.

Abatement caused due to the death of respondent no. 16 is set aside.

For the reasons stated in the application supported by an affidavit, application for substitution is allowed and the legal representative viz. Raj Kumar Parik of deceased respondent no. 16 is ordered to be brought on record.

Amended cause title be filed within two weeks. Respondent No. 14 and 15 are said to have passed away. Learned counsel for the appellants is granted four weeks time to bring on record the L.Rs. Of deceased respondent nos. 14 and 15 in C.A. No. 4386 of 2016.

I.A. No. 3 & 4 in C.A. No. 5498 of 2016 Delay of 2506 days in filing the application for substitution of deceased respondent no. 1 is condoned.

Abatement caused due to the death of respondent no. 1 is set aside.

For the reasons stated in the application supported by an affidavit, application for substitution is allowed and the legal representatives no. 1(i) Anoop Kumar; 1(ii) Renu Sharma and 1(iii) Rajeev Kumar of deceased respondent no. 1 are ordered to be brought on record.

Amended cause title be filed within two weeks. I.A. No. 5 & 6 in C.A. No. 5498 of 2016 Delay of 4028 days in filing the application for substitution of deceased respondent no. 8 is condoned. Abatement caused due to the death of respondent no. 8 is set aside.

For the reasons stated in the application supported by an affidavit, application for substitution is allowed and the legal representatives no. 8(i) Leela Rajput; 8(ii) Manoj Kumar Rajput; 8(iii) Anju Rajput and 8(iv) Neeru Rajput of deceased respondent no. 8 are ordered to be brought on record. Amended cause title be filed within two weeks. I.A. No. 46640 of 46641 in C.A. No. 5498 of 2016 Delay of 1742 days in filing the application for substitution of deceased respondent no. 7 is condoned. Abatement caused due to the death of respondent no. 7 is set aside.

For the reasons stated in the application supported by an affidavit, application for substitution is allowed and the legal representatives no. 7(i) Prathibha Bakshi; 7(ii) Rajesh Bhardwaj and 7(iii) Sunil Bhardwaj of deceased respondent no. 7 are ordered to be brought on record.

Amended cause title be filed within two weeks. I.A. Nos. 466644 & 466647 in C.A. No. 5498 of 2016 Delay of 793 days in filing the application for substitution of deceased respondent no. 14 is condoned. Abatement caused due to the death of respondent no. 14 is set 4 aside.

For the reasons stated in the application supported by an affidavit, application for substitution is allowed and the legal representatives no. 14(i) Hemant Kholi; 14(ii) Punita Sethi and 14(iii) Anita Nagar of deceased respondent no. 14 are ordered to be brought on record.

Amended cause title be filed within two weeks. I.A. No. 1 & 2 in C.A. No. 4388 of 2016 Delay of 677 days in filing the application for substitution of deceased respondent no. 2 is condoned. Abatement caused due to the death of respondent no. 2 is set aside.

For the reasons stated in the application supported by an affidavit, application for substitution is allowed and the legal representatives no. 2(i) Noor Afasan Begum; 2(ii) Mustafa Raza Khan; 2(iii) Murtaza Raza Khan and 2(iv) Ajmayeen Khan of deceased respondent no. 2 are ordered to be brought on record. Amended cause title be filed within two weeks. I.A. No. 96815, 67664, 96818 and 96820 in C.A. No. 5497 of 2016 Delay of 1289 days in filing the application for substitution of deceased respondent no. 18 is condoned. Abatement caused due to the death of respondent no. 18 is set aside.

For the reasons stated in the application supported by an affidavit, application for substitution is allowed and the legal representatives viz. Rajesh Jasuja of deceased respondent no. 18 is ordered to be brought on record.

Amended cause title be filed within two weeks. I.A. No. 96848, 67670, 96852 and 96853 in C.A. No. 5497 of 2016 Delay of 1596 days in filing the application for substitution of deceased respondent no. 25 is condoned.

Abatement caused due to the death of respondent no. 25 is set aside.

For the reasons stated in the application supported by an affidavit, application for substitution is allowed and the legal representatives viz. Kumari Alka Sharma of deceased respondent no. 25 is ordered to be brought on record.

So far as other respondent nos. 19, 22, 26 and 27 are concerned service of notice is not complete.

Two weeks’ time is granted to the petitioner-Union of India to take fresh steps to serve notice upon the proposed L.Rs. Of deceased respondent nos. 19, 22, 26 and 27.

Dasti in addition.

(MADHU BALA)                                                     (BEENA JOLLY)
AR-CUM-PS                                                          BRANCH OFFICER

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