Union Of India vs. Vijay Kumar

Court:Supreme Court of India
Judge:Hon'ble S.V.N. Bhatti
Case Status:Pending
Order Date:2 Sept 2024
CNR:SCIN010252352023

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Order Issued After Hearing

Purpose:

IA

Before:

Hon'ble Augustine George Masih

Stage:

FOR ORDERS

Remarks:

List Before Chamber [As per R/p]

Listed On:

9 Feb 2024

In:

Chamber

Category:

UNKNOWN

Interlocutory Applications:

2393/2024,61590/2024,61592/2024,61593/2024,

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Order Text

COURT NO.6

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).16568/2023

UNION OF INDIA & ORS.

Petitioner(s)

VERSUS

VIJAY KUMAR & ORS.

Respondent(s)

(IA NO. 61593/2024 - APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT, IA No. 2393/2024 -APPLICATION FOR PERMISSION, IA NO. 61590/2024 - APPLICATION FOR SUBSTITUTION AND IA No. 61592/2024 - SETTING ASIDE AN ABATEMENT)

Date: 02-09-2024 This matter was called on for hearing today.

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH CORAM : [IN CHAMBER]

For Petitioner(s) Mr. Amrish Kumar, AOR Mr. Anand Singh, Adv.

For Respondent(s) Mr. Jasbir Singh Malik, Adv. Ms. Rashim Bath, Adv. Mr. Varun Punia, AOR

UPON hearing the counsel the Court made the following $0$ R D E R

I.A. Nos.61590, 61592 & 61593/2024

For the reasons mentioned in the application, delay in filing 1. the application for setting aside the abatement is accepted. The application stands allowed and the delay is condoned.

The application seeking for setting aside the abatement is $2.$ accepted and the abatement stands set aside. The application stands disposed of.

Signa Penke Verified The application seeking substitution of LRs. Of deceased <sup>1653</sup> Spondent Nos.10 and 15 is also allowed for the reasons mentioned in the application.

$\mathbf{1}$

4. An affidavit has been filed by the learned counsel for the petitioner that the name of respondent No.10 – Ramanand, as mentioned in the memo of parties and Ramanand Sharma as mentioned in death certificate are the same person. The same is taken on record, subject to just exceptions.

5. The amended memo of parties be filed by the learned counsel for the applicant within a period of two weeks.

6. On doing so, let the notice be issued to the newly substituted legal representatives of deceased respondent Nos. 10 and 15, returnable within six weeks.

7. The learned counsel for the respondents may file objections, if any, to the prayer made in the application (I.A. No.2393 of 2024) for amendment of the grounds of SLP within four weeks.

(RAVI ARORA) (AMITA PANDEY)

COURT MASTER (SH) COURT MASTER (NSH)

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Order(1) - 28 Jul 2023

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