Bajaj Auto Ltd vs. Sunil Pralhad Khomane

ITEM NO.44 REGISTRAR COURT. 1 SECTION IX

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

BEFORE THE REGISTRAR SH. H. SHASHIDHARA SHETTY

Petition(s) for Special Leave to Appeal (C) No(s). 3943/2021

M/S BAJAJ AUTO LTD., AKURDI, PUNE Petitioner(s)

VERSUS

HIRALAL GULBHAI PATEL & ORS. Respondent(s) WITH SLP(C) No. 3969/2021 (IX)

SLP(C) No. 4997-5013/2021 (IX)

SLP(C) No. 15943-15958/2021 (IX) (Application FOR APPLICATION FOR SUBSTITUTION ON IA 121963/2021 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 121965/2021 FOR EXEMPTION FROM FILING O.T. ON IA 121966/2021 IA No. 121963/2021 - APPLICATION FOR SUBSTITUTION)

Date : 02-01-2023 This petition was called on for hearing today.

For Petitioner(s)

Mr. Anand Dilip Landge, AOR

Mr. Rituraj Biswas, AOR Ms. Sujaya Bardhan, Adv.

For Respondent(s)

Ms. Aparna Bhat, AOR Ms. Karishma Maria, Adv.

Mr. Rituraj Biswas, AOR

Ms. Sujaya Bardhan, Adv.

Mr. Anand Dilip Landge, AOR

UPON hearing the counsel, the Court made the following O R D E R SLP(C) No. 3943/2021

Ld. Counsel for the petitioner has filed an application for substitution, application for condonation of delay in substitution and setting aside abatement in respect of respondent Nos.3, 13, 39, 47, 51 and 55 (all deceased), however, as per the office report, the same have been notified as defective. However, Ld. Counsel for the petitioner submits that in the documents furnished by him, the address mentioned is both in vernacular language and in English and it is in accordance with rules. Office to verify the same and issue notice accordingly.

Service is complete on respondent No.36 but none has entered appearance.

Remaining respondents have filed counter affidavit.

SLP(C) No. 3969/2021

Respondent Nos.1-3, 6, 8-10, 14-23, 25, 26, 30, 37-39, 43, 44, 46-48, 53, 56-59, 62, 64, 68, 71-74, 76, 79, 81-83, 86, 87, 89 and 92 are granted four weeks' time for filing counter affidavit.

Service is complete on respondent Nos.11 and 35 but none has entered appearance.

Ld. Counsel for the petitioner has filed an application for substitution, application for condonation of delay in substitution and setting aside abatement in respect of respondent Nos.7, 24, 36, 42 and 63 (all deceased), however,

CONTD…

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as per office report, the same have been notified as defective. However, Ld. Counsel for the petitioner submits that in the documents furnished by him, the address is mentioned is both in vernacular language and in English and it is in accordance with rules. Office to verify the same and issue notice accordingly.

Ld. Counsel for the petitioner is granted four weeks' time to take appropriate steps in respect of deceased respondent No.54.

Remaining respondents have filed common counter affidavit.

Petitioner has filed rejoinder affidavit.

SLP(C) No. 4997-5013/2021

Respondent Nos.2, 3 and 5 have filed counter affidavit.

Respondent No.17 is granted four weeks' time for filing counter affidavit.

Service is complete on respondent Nos.4 and 6-16 but none has entered appearance.

Ld. Counsel for the petitioner is granted four weeks' time to take appropriate steps in respect of deceased respondent No.1.

SLP(C) No. 15943-15958/2021

Respondent No.1 is granted four weeks' time for filing counter affidavit.

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Respondent Nos.2-93 have been deleted from the array of parties in terms of order dated 25.10.2021 passed by the Hon'ble Judge in Chambers. Cause title has been amended.

Service is complete on the notice on Application for substitution in respect of legal representatives of deceased petitioner Nos.20 and 65.

List again on 7.2.2023.

H. SHASHIDHARA SHETTY Registrar