[Cites 0, Cited by 0]
Uttarakhand High Court
FA/75/2013 on 16 February, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
FA No.75 of 2013
Hon'ble Siddhartha Sah, J.
Mr. Raunak Pant, Advocate holding brief
of Mr. Naresh Pant, Advocate for the
appellant through V.C.
2. Mr. B.S. Adhikari, Advocate for the
respondents.
3. The office report dated 07.06.2024
reveals that respondent nos.1/1, 1/2, 2/1 to
2/3 have been served personally. However,
none has put in appearance today.
4. The appellant/applicant has preferred
the Application for Substitution (IA No.4148
of 2021) of respondent nos.1 & 2 along with
Setting Aside Abatement Application (IA
No.4149 of 2022) and Delay Condonation
Application (IA No.4150 of 2022).
5. In the Delay Condonation Application
(IA No.4150 of 2022), the appellant has
stated that vide order dated 05.03.2021, it
came to the knowledge of the appellant that
respondent nos.1 & 2 have died. Thereafter,
the relevant documents and the certificates
of the deceased was asked to the counsel for
the respondents. The appellant could only
manage to get the death certificate and date
of death of respondent no.1 and no
information and details of respondent no.2
has been gathered by the present applicant.
Further on 10.11.2022, the counsel for the
respondents provided the death certificate of
respondent no.2 (Sri Uday Ram S/o Sri Fateh
Ram) as well as the same has been filed by
way of an affidavit curing the defect in
Substitution Application No.4148 of 2021.
6. In the year 2021, the Covid-19
Pandemic was in peak, therefore, the
Officers/Regional Officer, Ghaziabad was not
in a position to come to Nainital to swear the
present affidavit. Thereafter, the number of
officers got retired and the counsel for the
appellant was not in a position to co-ordinate
the same with the Regional office. The
appellant company is working with the
limited staff and was not in a position to
gather the details of the deceased and their
legal heirs within the limitation. The
appellant and counsel could only get the
desired information from the counsel for the
respondents, but till 10.11.2022, no
adequate information could have been
gathered from the counsel for the
respondents, further it is very hard to
ascertain the same.
7. Thus on account of the aforesaid facts,
there has been a delay of 588 days in filing
the application for substitution and thus
prayed for condoning the said delay of 588
days. No objection has been filed against the
delay condonation application and the
counsel for the respondent nos.3 and 4 does
not deny or dispute the contentions as raised
in the delay condonation application. Since
the delay has been sufficiently explained,
hence the Delay Condonation Application (IA
No.4150 of 2022) is allowed. The delay in
filing the substitution application is hereby
condoned. IA No.4150 of 2022 stands
disposed of accordingly.
8. The Setting Aside Abatement Application
(IA No.4149 of 2022) has been preferred on
the similar lines. There is no denial or
dispute regarding the contentions as raised in
the Setting Aside Abatement Application (IA
No.4149 of 2022). In view of the above, the
Setting Aside Abatement Application (IA
No.4149 of 2022) is allowed. The abatement
is set aside.
9. The Substitution Application (IA
No.4148 of 2021) has been preferred seeking
substitution of the legal heirs of respondent
nos.1 and 2 and the details have been
provided in para 4 of the affidavit in support
of the Substitution Application. Since the
delay in preferring the substitution
application and the setting aside the
abatement application have already been
allowed, the Substitution Application (IA
No.4148 of 2021) is also allowed.
10. Let the substitution be carried out in the
cause title of the appeal within a week.
11. The respondent nos.5 and 6 have yet to
be served and there is office note that the
respondent nos.5 and 6 were not met at the
given address, hence the appellant is granted
a week's time to take steps to serve the
respondent nos.5 and 6 at their correct
address.
12. List this case on 27.03.2026.
[
(Siddhartha Sah, J.)
16.02.2026
Ravi
