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Supreme Court - Daily Orders

Mohammad Hashim (Dead) vs Dr. Subramanian Swamy on 30 November, 2022

Author: Hima Kohli

Bench: Hima Kohli

                                                               1

     ITEM NO.1724                                        COURT NO.13                      SECTION XI

                                   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).       11429/1996

     MOHAMMAD HASHIM (DEAD)                                                          Petitioner(s)

                                                              VERSUS

     DR. SUBRAMANIAN SWAMY & ORS.                                                    Respondent(s)

     ( IA No. 65825/2017 - APPLICATION FOR SUBSTITUTION
      IA No. 65828/2017 - CONDONATION OF DELAY IN FILING)

     WITH
     SLP(C) No. 18407-18408/1996 (XI)
     (IA No. 64174/2017 - APPLICATION FOR SUBSTITUTION
     IA No. 64180/2017 - CONDONATION OF DELAY IN FILING)

     Date : 30-11-2022 These matters were called on for hearing today.

     CORAM :
                            HON'BLE MS. JUSTICE HIMA KOHLI
                                              [IN CHAMBER]

     For Petitioner(s)

     For Respondent(s)                    Respondent-in-person
                                          Mr. Satya Sabharwal, Adv.
                                          Mr. Vishesh Kanodia, Adv.

                                          Mr. P. Parmeswaran, AOR
                                          Mr. Avijit Bhattacharjee, AOR



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

IA Nos. 65825/2017 and 65828/2017 in SLP (C) No. 11429/1996 IA Nos. 64174/2017 and 64180/2017 in SLP (C) Nos.18407- 18408/1996

1. As per the office report dated 18.10.2022, Signature Not Verified Digitally signed by GEETA AHUJA Date: 2022.12.07 11:21:16 IST Reason: counsel for the petitioner (since deceased), had filed two separate applications for substituted service to be effected on the legal 2 representatives of the deceased sole petitioner along with applications for condonation of delay and for setting aside abatement in respect thereof.

2. These applications were defective and therefore, not listed in court and remained unregistered. The office report further records that on 11.08.2017 this Court had directed that these matters be listed after conclusion of hearing in Civil Appeal Nos.10866-67/2020 and other connected matters.

3. Judgment was finally pronounced in the aforesaid appeals on 09.11.2019, as reported in 2020 (1) SCC 1.

4. In the above circumstances, the unregistered applications moved by the learned counsel for the petitioner to bring on record the legal representatives of deceased sole petitioner in both the matters has been placed before this Court.

5. In view of the fact that judgment has already been pronounced in the captioned appeals, List the pending unregistered applications along with the matters before appropriate Bench in due course.

    (Geeta Ahuja)                                            (Ram Subhag Singh)
Astt. Registrar-Cum-PS                                          Branch Officer