UNION OF INDIA Vs. MAHAVIR VANASPATI COMPANY

JUDGEMENT

(1.) The Application has been filed for recalling the judgment and order, dated 15/7/1997 on the ground that notice of the appeal was not served upon the respondent. It is stated in the office report that many of the papers of this case have already been weeded out. It is stated in para 7 of the application as under: "7. That leave was granted in 'the present Special Leave Petition (C) No. 11663/91 on 22/4/1996 and the same was served on one of casual employee of the respondent-Company , who did not inform any of its partners. The said employee, being inimical, has intentionally concealed the service of summons on the company. "

(2.) In view of the above, although it is admitted to the applicant that notice was issued to the respondent-Company, it was, it is contended, served upon a casual labour working in their Company. Whether it was served on the casual labour or the Company itself cannot be verified from the original record as most of the papers relating to the service of notice have been weeded out. We, therefore, have to proceed on the basis that the respondent was served as it was on this basis that the court had disposed of the appeal treating the respondent as served. The application is rejected. Application for condonation of delay is also rejected.