SECTION XI

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 8436 OF 2017

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY DIARY NO. 160973 OF 2023

(APPLICATION TO SUBSTITUTE THE LRs of DECEASED RESPONDENT NO. 9)

WITH

INTERLOCUTORY DIARY NO. 160975 OF 2023

(APPLICATION FOR CONDONATION OF DELAY IN FILING APPLICATION FOR SUBSTITUTION)

Process Id: 975/2023

OFFICE REPORT

The matter above mentioned was listed before the Court of Ld. Registrar, on 02nd August, 2023, When the following order was passed:

" Ld. counsel has filed a letter stating that the legal representatives of the deceased respondent no.9 are already on record as respondent nos. 4 to 8. Proper application be filed within four weeks. 

Ld. counsel for the petitioner is granted two weeks' time to take fresh steps in respect of unserved respondent no.13. 

Respondent nos. 4, 5, 6/1 , 7, 8, 9/1, 10/1, 11,12 have already filed counter affidavit. 

Service is complete on the remaining respondents but none has entered appearance. 

List again on 12.9.2023."

There are total 20 respondents in this matter. 

It is submitted that pursuant to aforesaid order, counsel for the petitioner has on 14.08.2023 filed application to substitute the LRs of deceased respondent no. 9 (I.A. Diary No. 160973/2023, alongwith application for condonation of delay in filing application for substitution (I.A. Diary No.160975/2023), however, the same is defective for the reasons:

1. Neither the date of death nor the death certificate is annexed with application.

2. Application for condonation of delay in setting aside abatement has not been filed.

It is submitted that the defects have been communicated to the counsel telephonically as well as vide email dated 31.08.2023, but the counsel has not cured the defects so far.

It is further submitted that pursuant to aforesaid order, counsel for the petitioner has on 14.08.2023 filed spare copy for issuance of notice to respondent no. 13. Accordingly, fresh show cause notice was issued to the respondent no. 13 on 18.08.2023. As per track report notice has not been delivered with last postal tracking remarks as on 09.09.2023 "item despatched", hence, delivery awaited.

It is lastly submitted that service of notice is complete on respondent nos. 1 to 3, 14, 16, 17 and 19 and 20 but no one has entered appearance on their behalf so far. Mr. Narender Kumar Verma, advocate represents respondent nos. 4, 5, 6/1 , 7, 8, 9/1, 10/1, 11,12 and the counsel has already filed counter affidavit on their behalf. Service stands complete on respondent nos. 6/2 to 6/4, 10/2, 10/3 and 15/1 in terms of order dated 27.01.2023 passed by Hon'™ble Judge in Chambers but no one has entered appearance on their behalf so far.

Service of notice is not complete on respondent no. 9 (since deceased) and respondent no.13.

The Petition above-mentioned is listed before the Court of Ld. Registrar with this Office Report.

Dated : September 11, 2023

Copy to :-