General Manager vs Sh. Surinder Kumar (Deceased)
2023 Latest Caselaw 5162 HP

                                                                           .

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                             CMP(M) No.415 of 2019 in





                                             RFAST No.20549 of 2018
                                             Decided on: 04.05.2023

    General Manager, Northern Railway                         .... Applicant/Appellant.





                     Versus
    Sh. Surinder Kumar (deceased)
    through LRs. Smt. Usha Rani
    & others                                                  .... Respondents.


    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1


    For the applicant :             Mr. Shashi Shirshoo, Central Govt.
                                    Counsel.
    For the respondents :           Mr. Ajay Thakur, Advocate, vice Mr. Atharv
                                    Sharma, Advocate, for respondents No.2 to




                                    8.
                                    None for respondents No.9, 11 (a) to 11





                                    (e) and 13.
                                    M/s Tejasvi Sharma, Baldev Negi,
                                    Pushpender Jaswal, Additional Advocate





                                    Generals, with Mr. Gautam Sood, Deputy
                                    Advocate General, for respondent No.14­
                                    State.
                                    Respondent No.10 stated to be dead.
                                    Respondent No.12 ex parte.

    Ajay Mohan Goel, Judge (Oral)

As per report of the Registry, order dated 29.11.2022

has still not been complied with, in terms whereof, steps were to be

taken for the services of respondents No.1 (a) to 1 (d) and 13 and

Whether reporters of the local papers may be allowed to see the judgment?

.

steps were to be taken to bring on record legal representatives of

deceased­respondent No.10.

2. In these circumstances, as the previous order has not

been complied with and no steps have been taken to bring on record

legal representatives of deceased­ respondent, present application is

dismissed, both for non­prosecution as well as on account of

abatement qua the deceased­respondent. so also is the fate of the

appeal.

3 Pending miscellaneous applications, if any, stand

disposed of. Interim order, if any, stands vacated.

(Ajay Mohan Goel) Judge

May 04, 2023 (Rishi)