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Sushma Berlia vs M/S Kumar Brothers on 26 April, 2017

Author: Ashok Bhushan

Bench: Ashok Bhushan

     ITEM NO.2                                  COURT NO.7                     SECTION XVI

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

     I.A. 5-8/2017, I.A. 9-12/2017 in Petition(s) for Special Leave to
     Appeal (C) No(s). 5921-5924/2014

     (Arising out of impugned final judgment and order dated 07/11/2013
     in FA No. 126/2011 07/11/2013 in FA No. 130/2011 07/11/2013 in CO
     No. 1484/2011 07/11/2013 in COT No. 21/2011 passed by the High
     Court Of Calcutta)

     SUSHMA BERLIA                                                             Petitioner(s)

                                                      VERSUS

     M/S KUMAR BROTHERS & ORS                                                  Respondent(s)
     (for bringing on record the lrs.                          of   deceased     respondent and
     deletion of the name of respondent)

     Date : 26/04/2017 These applications were called on for hearing
     today.

     CORAM :                 HON'BLE MR. JUSTICE ASHOK BHUSHAN
                                               [IN CHAMBERS]


     For Petitioner(s)                 Mr. H.L. Tiku, Sr. Adv.
                                       Ms. Yasmeet Kaur, Adv.
                                       Mr. Ashok K. Mahajan,Adv.


     For Respondent(s)                 Mr. Arjun Garg,Adv.
                                       Mr. M. Yadav, Adv.

                                       Mr. Kshatrshal Raj, Adv.
                                       M/s. Parekh & Co.

                                       Mr. Kunal Verma,Adv

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

I.A. Nos.5-8 of 2017 Application for deletion of the name of proforma respondent no.8 is allowed.

Accordingly, the name of proforma respondent no.8 be deleted Date: 2017.05.01 from the array of parties at the risk of the petitioner. 17:24:27 IST Reason:

Cause title be amended accordingly.

 I.A. Nos.9-12 of 2017 This is an application filed by the petitioner seeking exemption from bringing on record the legal heirs of deceased respondent No. 5 in SLP(C) Nos. 5921 and 5923 of 2014 and respondent No. 4 in SLP(C) Nos. 5922 and 5924 of 2014. It is submitted that the said respondents never contested the matter in the courts below and hence the petitioner be exempted from bringing on record the legal heirs of above mentioned deceased respondents.

In view of the above, the exemption application is allowed at the risk and cost of the petitioner.

     (SONALI SAUND)                                            (SUMAN JAIN)
        SR.P.A                                                  COURT MASTER




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