CHAMBER MATTER

SECTION : XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATIONS No. 1-2 & 3-4

(Application for substitution to bring on record Lrs. Of deceased sole respondent and condonation of delay in filing substitution application with a prayer for setting aside abatement)

IN

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) Nos. 32060-32061 /2015

ASHOK KUMAR GOEL PETITIONER

VERSUS

LIN KUEI TSAN (D) RESPONDENT

REVISED OFFICE REPORT

The matters above mentioned were listed before the Hon'ble Court on 22.02.2016, when the Court was pleased to pass the following order:-

"Issue notice returnable in four weeks."

It is submitted that pursuant to aforesaid order show cause notice to sole respondent was issued on 04.04.2016 by registered AD. Counsel for the petitioner has on 17.03.2016 filed an applications for substitution to bring on record Lrs. of deceased sole respondent (expired on 12.07.2015) and condonation of delay in filing substitution application (barred by time by 159 days) with a prayer for setting aside abatement (regd. as I.A. Nos. 1-2 & 3-4 respectively) and the same have been placed with SLP paper books as common volume. Chamber summons endorsed for 05.09.2016 was handed over to the counsel for the petitioner with a request to serve the same and he has on 02.09.2016 filed affidavit with proof of service served through Civil Court, Shimla, H.P. with a report of bailiff stating therein that proposed Lr. No.1 duly served and proposed Lr. Nos. 2 to 5 were not available and their brother refused to accept the notice.

Service of Chamber summons is not complete on proposed Lr. Nos. 2 to 5.

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

DATED THIS THE 3rd DAY OF SEPTEMBER, 2016.

ASSISTANT REGISTRAR

Copy to:- Mr. Rishi Malhotra, Adv.

p-2/Avi

ASSISTANT REGISTRAR