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2013 Supreme(UK) 484

BARIN GHOSH, SERVESH KUMAR GUPTA
UTTAR PRADESH KHADI AND VILLAGE INDUSTSRIES BOARD – Appellant
Versus
CHANDRA KALA TIWARI – Respondent


Advocates:
For the Appellants : Ms. Bina Pande, Standing Counsel (U.P. Govt.)
For the Respondent No. 1:Mr. Prabhakar Joshi, Advocate

JUDGMENT

BARIN GHOSH, C. J. (Oral)

The learned counsel, appearing on behalf of respondent No. 1/writ petitioner, who is dead, as well as the heirs of respondent No. 1, submits that his clients have no objection to the Application for condonation of delay in filing the Substitution Application being allowed and also the Substitution Application being allowed. We have considered the averments made in the Application for condonation of delay in filing the Substitution Application and, being satisfied with the sufficiency of the reasons furnished for the delay, allow the same. There is no dispute that respondent No. 1 has died and her heirs have been sought to be brought on record by substitution. We, accordingly, allow the Application for substitution. Let the amendment be effected within one week.

2. The learned counsel appearing on behalf of the respondents also do not wish to file any objection to the Application for condonation of 41 days’ delay in preferring the appeal. We have also considered the averments made in the Application and, being satisfied with the sufficiency of the reasons furnished for the delay, allow the same.

3. Heard learned counsel for the parties.

4. Th


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