MANSUKH M. RATHOD Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) The above Interim Application is filed to bring the legal heirs of the Plaintiff on record who expired on 19 th July, 2020. The explanation sought to be given in the Interim Application is that, when the Applicants received a letter dtd. 24/3/2023, intimating to them that Defendant No.2 has moved the above captioned matter before this Court that the Applicants became aware and contacted their advocates and informed them about the demise of the Plaintiff. In the Plaint, it is pleaded that the Original Plaintiff expired on 19 th July, 2020 which was during the COVID-19 pandemic. Invoking the order of the Hon'ble Supreme Court in Suo Motu Writ Petition No. 3 of 2020, it is argued before me that the application to bring the legal heirs of the deceased Original Plaintiff ought to have been filed by May 2022. It is however filed on 3/4/2023 and it is in these circumstances that a condonation of delay of 304 days is sought in the above application.

(2.) I have gone through the application in great detail and also heard the learned counsel appearing on behalf of the Applicants as well as the advocates appearing on behalf of Defendant Nos.1 and 2. I find considerable force in the arguments canvassed by the Defendants. There is absolutely no explanation given in the above application seeking a condonation of delay of 304 days. This delay is after taking into consideration the order passed by the Hon'ble Supreme Court in Suo Motu Writ Petition No. 3 of 2020. It is not as if the death of the Plaintiff was unknown to the Applicants who are the sons of the Plaintiff. They were aware of their mother's death immediately and yet for some reason they have taken no steps whatsoever to bring themselves on record without justifiable reasons. I, therefore, find no merit in the above application. It is accordingly dismissed. No order as to costs.

(3.) This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.