SECTION IV-B

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) Nos. 18373-74 OF 2018

WITH PRAYER FOR INTERIM RELIEF

WITH

INTERLOCUTORY APPLICATION NO. 12640/2020

(Application for condonation of delay in filing process fee)

Process Id: 89/2020

OFFICE REPORT

This Hon'ble Court(In Chamber), on 24th October, 2019, was pleased to pass the following order:

" Delay in taking steps in respect of respondent no.2 is condoned. Office to proceed further.

Issue notice on the application for condonation of delay and the application for substitution to bring on record the Lrs of respondent Nos.3 ad 4. "

Accordingly fresh show cause notice to common respondent no. 2 was issued through Registered A.D.Post on 12.12.2019 as per tracking report"Item Delivery Confirmed on 30.12.2019 at Krishna Nagar HO " but no one has entered appearance on his behalf so far.

It is submitted that Respondent No.1 is represented by Mr. Sanjay Jain, Advocate. Counsel has on 27.06.2019 filed counter affidavit on his behalf. However opportunity to file counter affidavit has been declined by Ld. Registrar vide order dated 26.03.2019.

It is submitted that counsel for the petitioner has on 21.01.2020 filed an application for condonation of delay in filing process fee alongwith spare copies of application for the issuance of notice on application to the Lrs. of the deceased respondent nos. 3 & 4 as the same is barred by 91 days and the same is registered as IA no. 12640. Hence notice could not be issued.

It is further submitted that Mr. Sanjay Jain, Advocate for Respondent No.1 has on 30.08.2019 filed reply to the application for condonation of delay in filing Application for substitution to bring on record the L.Rs. Of deceased Respondent Nos.3 and 4. Copy of the same is also placed with the SLP Paper Book.

Service of show cause notice is complete for respondent nos. 1 through advocate and on 2 as per tracking report.

Service of notice on the application for substitution to the Lrs. of deceased respondent nos. 3 & 4 is incomplete.

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

Dated : January 25, 2020

Copy to :-

Branch Officer