SA/84/2013
2023 Latest Caselaw 2663 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SA No.84 of 2013
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Siddhartha Singh, Advocate for the appellant.

2. Mr. Aditya Singh and Mr. Sudhir Kumar, Advocates for respondent nos.10 and 11.

3. Mr. Bhuwan Bhatt, Advocate for respondent no.12.

4. Mr. Hem Chandra Joshi, Advocate for respondent no.14/1.

5. Mr. Nagesh Agarwal, Advocate for respondent no.15.

6. Mr. Alok Kumar, Advocate holding brief of Mr. Sandeep Kothari, Advocate for respondent no.16.

7. None present for other respondents.

8. Learned counsel for the appellant would submit that Substitution Application being CLMA No.9464 of 2020 has been filed on account of death of respondent no.14/2 who had expired on 02.01.2020; that, although Delay Condonation Application CLMA No.9465 of 2020 has been filed along with the Substitution Application but there is no delay in view of judgment of Hon'ble Supreme Court in Suo Moto W.P. (Civil) No.3 of 2020).

9. In view of the above, Delay in filing the Substitution Application, if any, is condoned. Delay Condonation Application CLMA No.9465/2020 is allowed.

10. Learned counsel for the respondents have no objection to the Applications for Substitution and Setting Aside Abatement.

11. Accordingly, the Substitution Application and the Setting Aside Abatement Application are allowed. (Misc. Application IA No.10813/2023 also stands disposed of.)

12. Let amended memo of parties be filed within a week.

13. This is an admitted second appeal. Therefore, list for final hearing on 05.12.2023.

(Vivek Bharti Sharma, J.) 12.09.2023 Rajni