SECTION XIV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NOS. 19741, 19745, 19747 AND 38956 OF 2023

(APPLICATION FOR SUBSTITUTION TO BRING ON RECORD THE LRS. OF DECEASED RESPONDENT NO. 18, CONDONATION OF DELAY IN FILING SUBSTITUTION & SETTING ASIDE ABATEMENT, APPLICATION FOR SETTING ASIDE ABATEMENT AND APPLICATION FOR PERMISSION TO FILE AMENDED MEMO OF PARTIES)

IN

SPECIAL LEAVE PETITION (CIVIL) No. 24499 OF 2019

Process Id: 331/2023

OFFICE REPORT

This Ld. Registrar Court, on 14th February, 2023, was pleased to pass the following order:

" Respondent nos. 8 and 9 have already filed counter affidavit. 

 Respondent nos. 1 to 7 have failed to file counter affidavit. 

 Service is complete/deemed to be complete in respect of respondent nos. 10 to 17 and 19 to 21.

Ld. Counsel for petitioner submits that respondent no. 2 has expired and Lrs. are already on record. Necessary steps be taken in this regard within two weeks.  

 Application is filed for substitution in respect of deceased respondent no. 18. 

 Since the said application is not within time, the same be processed for listing before the Hon’ble Judge-in-Chambers, for consideration." 

It is submitted that Mr. Mahesh Thakur, Counsel for the Petitioner has on 27-1-2023 filed an application for bringing on record the LRs. of deceased Respondent No. 18 which is barred by time by 59 days (Regd. as I.A. No. 19741 of 2023) along-with condonation of delay in filing substitution application (Regd. as I.A. No. 19745 of 2022) and application for setting aside abatement (Regd. as I.A. No. 19747 of 2023).  Copies of the same have been placed with SLP Paper Books.

It is further submitted that pursuant to Order quoted above, Mr. Mahesh Thakur, Counsel for the Petitioner has on 21-2-2023 filed an application for permission to file amended memo of parties to take on record the LRs. of deceased Respondent No. 2  died on 27-5-2022 which are already on record as Respondent Nos. 1, 3 to 5 in the SLP (Regd. as I.A. No. 38956 of 2023).  Copy of the same has been placed with SLP Paper Books.

It is also submitted that no one has entered appearance on behalf of Respondent Nos. 10 to 15 and 19 to 20 so far though served with notice.   Notice could not be served on Respondent Nos. 16, 17 and 21 as "Refused" refusal of service treated as deemed service as per Registrar Court's Order dated 21-11-2022.  Counsels for the Respondent Nos. 1 to 7 have not filed Counter Affidavit on their behalf so far.  Respondent Nos. 8 and 9 have already filed the Counter Affidavit. 

Service of show cause notice is not complete on Respondent No. 18 (Since Deceased).

The applications in the Petition above-mentioned are listed before the Hon'ble Judge in Chamber with this Office Report.

Dated : March 01, 2023

Copy to :-