Union Of India vs. P. N. Prasad

67612/2018

ITEM NO.14 COURT NO.10 SECTION XIV

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

Civil Appeal No.4386/2016

UNION OF INDIA & ANR. Appellant(s)

VERSUS

K. L. MEHANDIRATTA & ORS. Respondent(s)

(I.A. Nos. 27658, 41103 and 41104 of 2018 (Applications for substitution and condonation of delay in filing substitution and setting aside abatement)

WITH Civil Appeal No.4388/2016 (XIV) (FOR ON IA 1/2017 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 2/2017)

Civil Appeal No.5498/2016 (XIV)

(FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 4/2017; FOR APPLICATION FOR SUBSTITUTION ON IA 5/2017; FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 6/2017 FOR [EXEMPTION FROM FILING DEATH CERTIFICATE] ON IA 7/2017 FOR APPLICATION FOR SUBSTITUTION ON IA 46640/2017 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 46641/2017; FOR APPLICATION FOR SUBSTITUTION ON IA 46644/2017 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 46647/2017; IA No.3/2017-APPLICATION FOR SUBSTITUTION) Civil Appeal No.5497/2016 (XIV) (FOR APPLICATION FOR SUBSTITUTION ON IA 96804/2017 FOR [I/A FOR SETTING ASIDE THE ABATEMENT] ON IA 96807/2017 FOR EXEMPTION FROM FILING O.T. ON IA 96808/2017 FOR APPLICATION FOR SUBSTITUTION ON IA 96815/2017 FOR [I/A FOR SETTING ASIDE THE ABATEMENT] ON IA 96818/2017 FOR EXEMPTION FROM FILING O.T. ON IA 96820/2017 FOR APPLICATION FOR SUBSTITUTION ON IA 96825/2017 FOR [I/A FOR SETTING ASIDE THE ABATEMENT] ON IA 96826/2017 FOR EXEMPTION FROM FILING O.T. ON IA 96827/2017 FOR APPLICATION FOR SUBSTITUTION ON IA 96832/2017 FOR [I/A FOR SETTING ASIDE THE ABATEMENT] ON IA 96837/2017 FOR EXEMPTION FROM FILING O.T. ON IA 96838/2017 FOR APPLICATION FOR SUBSTITUTION ON IA 96848/2017 FOR [I/A FOR SETTING ASIDE THE ABATEMENT] ON IA 96852/2017 FOR EXEMPTION FROM FILING O.T. ON IA 96853/2017 FOR APPLICATION FOR SUBSTITUTION ON IA 96867/2017 FOR [I/A FOR SETTING ASIDE THE ABATEMENT] ON IA 96869/2017 FOR EXEMPTION FROM FILING O.T. ON IA 96870/2017 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA Digitally signed by POOJA ARORA Date: 2018.11.28 17:41:55 IST Reason: Signature Not Verified

FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 67634/2018 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 67639/2018 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 67657/2018 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 67664/2018 FOR CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. ON IA 67670/2018) Date : 26-11-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA [IN CHAMBERS] For Parties (s) Ms. Sushma Verma, Adv. Mrs. Anil Katiyar, AOR Mr. Mukesh Kumar Maroria, AOR Mr. Farhat Jahan Rehmani, Adv. Mr. Shanti Prakash, Adv. Mr. Rajeev Singh, AOR Mr. Satpal Singh, AOR Mr. Kishore Kumar Patel, Adv. Mr. Satya Mitra Garg, AOR

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

Civil Appeal No.4386/2016

From the perusal of the application filed for substitution, it is apparent that the Central Administrative Tribunal has disposed of the matter on 6.08.2009. The writ petition was filed in the High Court which was dismissed on 23.12.2009. Thereafter, special leave petition was filed in this Court which was withdrawn on 29.4.2015 with permission to file a review petition before the High Court. This Review Petition was also rejected on 30.10.2015. Admittedly, the respondent No.16 expired on 11.12.2014 that is prior to the disposal of the special leave petition itself. Prima facie it appears that the review petition has not properly constituted as far as respondent No.16 is concerned.

Learned counsel for the petitioner prays for and is granted one weeks' time to seek instructions in the matter.

Civil Appeal Nos.4388/2016, 5498/2016, 5497/2016

List these matters after a week along with CA No.4386/2016.

(POOJA ARORA) (ASHA SONI) COURT MASTER ASSISTANT REGISTRAR