Vice Chancellor, Maharshi Dayanand ... vs Laxshmi Narain Tak (D) on 8 July, 2019

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Supreme Court - Daily Orders

Vice Chancellor, Maharshi Dayanand ... vs Laxshmi Narain Tak (D) on 8 July, 2019

Bench: M.R. Shah

     ITEM NO.19                              COURT NO.4                 SECTION XV

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

     M.A. No. 481/2019 in C.A. No(s).                 3923/2016

     VICE CHANCELLOR, MAHARSHI DAYANAND SARSWATI
     UNIVERSITY AND ANR.                                               Petitioner(s)

                                                    VERSUS

     LAXSHMI NARAIN TAK (D)                                               Respondent(s)


         (IA No. 67868/2018 - RECALLING THE COURTS ORDER)

     WITH
     MA 482/2019 in C.A. No. 3923/2016 (XV)

     (FOR APPLICATION FOR SUBSTITUTION ON IA 67874/2018
     FOR CONDONATION OF DELAY IN FILING ON IA 67875/2018
     IA No. 67874/2018 - APPLICATION FOR SUBSTITUTION)

     Date : 08-07-2019 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE M.R. SHAH
                                               [IN CHAMBER]

     or Petitioner(s)
                                        Mr. S. K. Bhattacharya, AOR

     For Respondent(s)


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

I.A. Nos. 67868/2018 and 67874/18 are allowed. M.A. Nos. 481 and 482 of 2019 stand disposed of in terms of signed order.

(RAJNI MUKHI) Signature Not Verified (BEENA JOLLY) SENIOR PERSONAL ASSISTANT Digitally signed by RAJNI MUKHI BRANCH OFFICER Date: 2019.07.11 15:28:07 IST Reason: (Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION M.A. NO.481/2019 (INTERLOCUTORY APPLICATION NO. 67868 OF 2018) (Application for recalling Court’s order dated 19.03.2018) AND M.A.NO. 482/2019 (INTERLOCUTORY APPLICATION NO. 67874 OF 2018) (Application for Substitution) IN CIVIL APPEAL NO. 3923 OF 2016 VICE CHANCELLOR, MAHARSHI DAYANAND SARSWATI UNIVERSITY AND ANR. APPELLANT (S) VERSUS LAXSHMI NARAIN TAK (D) RESPONDENT (S) O R D E R I.A. No. 67868/2018 -application is for recalling Court’s order dated 19.3.2018 passed in civil appeal NO. 3923/2016 by which on not bringing on record the legal representatives of deceased sole respondent, the aforesaid civil appeal was ordered to be disposed of as abated.

Now I.A. No. 67874/2018-application for bringing on record legal representatives of deceased sole respondent has been filed by the appellants herein. Proposed legal representatives of deceased sole respondents have been served but none has appeared on their behalf.

Under the circumstances, both applications are allowed. Order dated 19.03.2018 is recalled and appeal is hereby ordered to be restored to its original number.

….2/-

- 2 -

Legal representatives of deceased sole respondent as mentioned in the application are hereby ordered to be brought on record.

Registry is directed to issue fresh notice in the main appeal upon the Lrs. of sole respondent making it returnable within four weeks.

M.A. NO.481/2019 and M.A.NO. 482/2019 accordingly stand disposed of.

.............J. (M.R. SHAH) NEW DELHI;

JULY 08, 2019

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