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Judgment
12 paragraphs · 367 wordsSanjay Kumar Dwivedi, J
I.A. No.5863 of 2024 has been filed for substitution of the name of legal heirs/ successors of deceased respondent no.1.
Mr. Rohit Ranjan Sinha, the learned counsel appearing through Video Conferencing submits that respondent no.3 is bus owner. He submits that Cross Objection No.03 of 2022 has been filed by the bus owner and notice till date has not been issued upon the respondent nos.1 and 2.
Mr. Ashutosh Anand, the learned counsel has already appeared on behalf of the respondent no.3.
Mr. Shivam Lath, the learned A.C. to Mr. Arbind Kumar Lall, the learned counsel has already appeared on behalf of the respondent no.2.
Learned counsel for the Cross Objector submits that he will take steps so far as the respondent no.1 is concerned for substitution.
Learned counsel for the appellant in M.A. No.648 of 2018 submits that I.A. No.5863 of 2024 has been filed for substitution of the name of legal heirs/ successors of respondent no.1 who has left for his heavenly abode on 22.12.2018. She submits that the name of legal heirs/ successors of respondent no.1 has been disclosed in paragraph no.5 of the said I.A.
Issue notice upon the proposed legal heirs/ successors of respondent no.1 the details of which is disclosed in paragraph no.5 of the instant I.A. by registered post with A/d as well as under ordinary process for which requisites etc. must be filed within two weeks.
I.A. No.1938 of 2020 has also been filed for condonation of delay of 40 days in filing of the miscellaneous appeal.
Learned counsel for the appellant submits that after the award the award was communicated to the Headquarters and thereafter a decision was taken and in view of that, the said delay occurred.
Learned counsel for the respondent no.2 and Mr. Rohit Ranjan Sinha, the learned counsel appearing for the respondent no.3, appearing through Video Conferencing submits that they do not have got any serious objection if the said limitation is condoned.
In view of their such submission, the delay of 40 days in filing of the appeal is, hereby, condoned. I.A. No.1938 of 2020 is disposed of.