(Arun Mishra and Navin Sinha, JJ.)
Suresh Kumar (D) Thr Lrs. & Ors. etc. etc. _____________ Appellant(s)
v.
The State of Uttar Pradesh & Anr. ___________________ Respondent(s)
Civil Appeal No(s). 5974-5979 of 2018 [Arising out of SLP(C) Nos. 16218-16223 of 2018] (Diary No. 27329/2017), decided on July 3, 2018
With
Civil Appeal No(s). 5980-5983 of 2018 [Arising out of SLP(C) Nos. 16224-16227 of 2018] [Diary No. 27328/2017]
The Order of the court was delivered by
Order
1. Permission to file SLPs is granted.
2. Delay condoned.
3. Applications for setting aside abatement is allowed. Substitution allowed.
4. Issue notice.
5. Mr. Kamlendra Mishra, learned counsel accepts notice.
6. Leave granted.
7. The instant matters are similar to Civil Appeal Nos. 18634-18635 of 2017 (Raj Hans Land And Housing Scheme Through Its, Partner Sri Ram v. Managing Director U.P. State Industrial Development Corporation Ltd.) & connected matters, which have already been remanded, by this court, to the High Court on 09.11.2017. Accordingly, the Orders passed by the High Court on 05.10.2016 and 06.10.2016 are set aside and the instant appeals are remanded to the High Court for deciding them afresh in the light of the Order passed by this Court on 09.11.2017.
8. Appeals are disposed of accordingly.
9. Pending application, if any, also stand disposed of.
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 27329/2017
Suresh Kumar (D) Thr Lrs. & Ors. etc. etc _____________ Petitioner(s)
v.
The State of Uttar Pradesh & Anr ___________________ Respondent(s)
(IA No. 70594/2018-CONDONATION OF DELAY IN FILING and IA No. 70600/2018-APPLICATION FOR SETTING ASIDE THE ABETMENT and IA No. 70597/2018-APPLICATION FOR SUBSTITUTION and IA No. 70596/2018-EXEMPTION FROM FILING O.T. and IA No. 70593/2018-PERMISSION TO FILE SLP/TP and IA No. 70599/2018-CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. and IA No. 70595/2018-CONDONATION OF DELAY IN REFILING)
WITH
Diary No(s). 27328/2017 (XI)
(IA No. 68963/2018-CONDONATION OF DELAY IN FILING and IA No. 69276/2018-SETTING ASIDE THE ABETMENT and IA No. 69273/2018-APPLICATION FOR SUBSTITUTION and IA No. 68965/2018-EXEMPTION FROM FILING O.T. and IA No. 68962/2018-PERMISSION TO FILE SLP/TP and IA No. 68964/2018-CONDONATION OF DELAY IN REFILING and IA No. 69274/2018-CONDONATION OF DELAY IN FILING THE WRITTEN SUBMISSION)
Date : 03-07-2018 These matters were called on for hearing today.
(Before Arun Mishra and Navin Sinha, JJ.)
For Petitioner(s) Mr. Vimlesh Shukla, Adv.
Mr. Vandit Mishra, Adv.
Ms. Anuradha D. Mishra, Adv.
Mr. Janhvi Sharma, Adv.
Mr. Parul Shukla, Adv.
M/s. Anuradha & Associates, AOR
For Respondent(s) Mr. P.N. Misra, Sr. Adv.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Kamlendra Mishra, Adv.
UPON hearing the counsel the Court made the following
Order
10. Permission to file SLPs is granted.
11. Delay condoned.
12. Application for setting aside abatement is allowed.
13. Substitution allowed.
14. Issue notice.
15. Mr. Kamlendra Mishra, learned counsel accepts notice.
16. Leave granted.
17. The appeals are disposed of in terms of the signed order. Pending application, if any, also stand disposed of.
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