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Allahabad High Court

Managing Director U.P.State Handloom ... vs Ashok Kumar Pandey & Another on 29 July, 2010

Bench: Ferdino Inacio Rebello, Amreshwar Pratap Sahi

Chief Justice's Court

Civil Misc. Recall Application No. 285123 of 2009

                   IN
Case :- SPECIAL APPEAL No. - 1141 of 1999
Petitioner :- Managing Director U.P.State Handloom Corp.Ltd.
Respondent :- Ashok Kumar Pandey & Another
Petitioner Counsel :- V.K.Birla,Ashok Khare
Respondent Counsel :- L.K.Dwivedi

Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Amreshwar Pratap Sahi,J.

The application seeks to recall the order dated 5.10.2009 by which the appeal was dismissed for want of prosecution. Both the parties agree that this application can be heard and disposed of by this Bench as connected appeals are pending before this Bench. In the light of that, the recall application stands allowed. The order dated 5.10.2009 is recalled.

(A.P. Sahi,J) (F.I. Rebello,CJ) Order Date :- 29.7.2010 RK Case :- SPECIAL APPEAL No. - 1141 of 1999 Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J. Restored.

For orders see order of dated passed on the memo of recall application no. 285123 of 2009.

(A.P. Sahi,J) (F.I. Rebello,CJ) Order Date :- 29.7.2010 RK Chief Justice's Court Civil Misc. (Substitution) Application No. 210158 of 2009 IN Case :- SPECIAL APPEAL No. - 1141 of 1999 Petitioner :- Managing Director U.P.State Handloom Corp.Ltd. Respondent :- Ashok Kumar Pandey & Another Petitioner Counsel :- V.K.Birla,Ashok Khare Respondent Counsel :- L.K.Dwivedi Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J. This is an application for bringing on record the legal heirs of the deceased respondent no.1, who died on 10.2.2003. Considering the cause shown in the affidavit filed in support of the substitution application, the substitution application stands allowed.

Smt. Malti Pandey is allowed to participate in the proceeding as natural guardian on behalf of respondent nos. 6 to 8. Applicant/appellant to amend the appeal within a period of seven days from today.

Application stands disposed of accordingly.

(A.P. Sahi,J) (F.I. Rebello,CJ) Order Date :- 29.7.2010 RK Civil Misc. Delay Condonation Application No. 210160 of 2009 IN Civil Misc. (Substitution) Application No. 210158 of 2009 IN Case :- SPECIAL APPEAL No. - 1141 of 1999 Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J. Cause shown in the affidavit filed in support of the delay condonation application is sufficient to condone the delay in filing the substitution application. Accordingly, the delay in filing the substitution application is condoned.

Application stands disposed of.

(A.P. Sahi,J) (F.I. Rebello,CJ) Order Date :- 29.7.2010 RK