Supreme Court - Daily Orders
Binod Pathak vs Shankar Choudhary on 3 February, 2021
Author: Ajay Rastogi
Bench: Ajay Rastogi
ITEM NO.4 Court 12 (Video Conferencing) SECTION XVI
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. 1536/2015
BINOD PATHAK & ORS. Petitioner(s)
VERSUS
SHANKAR CHOUDHARY & ORS. Respondent(s)
(IA No. 32763/2020 - ADDITION / DELETION / MODIFICATION PARTIES,
IA No. 32752/2020 - APPLICATION FOR SUBSTITUTION, IA No.
129740/2017 – CLARIFICATION/DIRECTION, IA No. 32754/2020 -
CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN., IA No.
32755/2020 - EXEMPTION FROM FILING O.T., IA No. 32759/2020 -
SETTING ASIDE AN ABATEMENT)
Date : 03-02-2021 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE AJAY RASTOGI
[IN CHAMBER]
For Petitioner(s) Mr. Jayesh Gaurav, Adv.
Mr. Farrukh Rasheed, AOR
Ms. Diksha Ojha, Adv.
For Respondent(s) Mr. Gopal Jha, AOR
Mr. Shreyash Bhardwaj, Adv.
Mr. Prem Prakash, AOR
Mr. Shantanu Sagar, AOR
Mr. Prabhat Ranjan Rai, Adv.
Mr. Shashank Shukla, Adv.
Mr. Kanhaiya Priyadarshi, AOR
UPON hearing the counsel the Court made the following
O R D E R
I.A. No. 32752/2020
Signature Not Verified
Application has been filed seeking permission to Digitally signed by Nidhi Ahuja substitute legal representatives of deceased respondent No.6 Date: 2021.02.04 15:34:33 IST Reason:
along with an application seeking condonation of delay.
At the last date of hearing, counsel appearing for 1 SLP (C) No. 1536/2015 respondent No.6, Mr. Kanhaiya Priyadarshi, was directed to seek instructions. Counsel submit that he has sent a letter on 07.01.2021 but no information has been received as yet.
Counsel for the petitioner submits that necessary documents have been filed indicating the fact that respondent No. 6 died during the pendency of the proceedings. His death certificate is enclosed with the application. In the given circumstances, what has been prayed for is accepted by the Court.
After I have heard the counsel for the parties, I consider it appropriate to condone the delay in filing the application seeking substitution. As prayed, delay is, accordingly, condoned.
I.A. No. 32752/2020 is allowed. The petitioner is granted permission to substitute legal representatives of deceased respondent No. 6. Amended cause title may be filed. Notice may be issued, returnable in eight weeks to the legal representatives of deceased respondent No. 6. Petitioner is at liberty to take dasti notice.
List the matter immediately after service.I.A. No. 32763/2020
I. A. has been filed seeking permission for deletion of the name of respondent No. 19 from the array of parties.
Application in terms as prayed, is accordingly allowed. Name of respondent No. 19 stands deleted from the array of parties. Amended cause title may be filed accordingly.
(NIDHI AHUJA) (DIPTI KHURANA)
AR-cum-PS COURT MASTER (NSH)
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