Partly allowed

FPA-75/LKW/1996 of Vikas Singh Jaiswal v/s The Competent Authority, Lucknow

ATFP5 Sept 2018FPA-75/LKW/1996

Case brief

AI extract

What is this about?

Appellant sought further time to inspect records and file a chart of details regarding substitutions and relationships in old appeals. Tribunal granted limited time but warned no further adjournments and affirmed respondent's right to proceed.

What did the court decide?

Time granted to submit chart of details; permission to inspect record allowed; warning that no further adjournments will be given.

FPA-75/LKW/1996 of Vikas Singh Jaiswal v/s The… — Civil Procedure and Limitation | ATFP (2018)

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI

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(1) MP-77/LKW/2013 (Rest.) MP-93/LKW/2013 (Sub) MP-18/LKW/2014 (Abatement) MP-19/LKW/2014 (COD) In FPA-73/LKW/1996
Ghanshyam Dass Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(2) MP-94/LKW/2013 (Rest.) MP-20/LKW/2014 (Abatement) MP-21/LKW/2014 (COD) In FPA-74/LKW/1996
Ghanshyam Dass Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(3) MP-92/LKW/2013 (Rest.) In FPA-75/LKW/1996
Vikas Singh Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(4) MP-79/LKW/2013 (Rest.) MP-95/LKW/2013 (Sub) MP-22/LKW/2014 (Abatement) MP-23/LKW/2014 (COD) In
FPA-76/LKW/1996
Shankar P. Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(5) MP-80/LKW/2013 (Rest.) MP-96/LKW/2013 (Sub)
MP-24/LKW/2014 (Abatement)
FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997		Page 1 of 5

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MP-25/LKW/2014 (COD) In FPA-77/LKW/1996
Shankar P. Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(6) MP-81/LKW/2013 (Rest.) In FPA-78/LKW/1996
Vishal Singh Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(7) MP-82/LKW/2013 (Rest.) In FPA-79/LKW/1996
Vikas Singh Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(8) MP-83/LKW/2013 (Rest.) In FPA-80/LKW/1996
Vishal Singh Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(9) MP-84/LKW/2013 (Rest.) In FPA-81/LKW/1996
Vishal Singh Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(10) MP-85/LKW/2013 (Rest.) In
FPA-82/LKW/1996
Vishal Singh Jaiswal	…	Appellant/Applicant
FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997		Page 2 of 5

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Versus The Competent Authority, Lucknow … Respondent (11)MP-86/LKW/2013 (Rest.) In FPA-83/LKW/1996 Durga P. Jaiswal … Appellant/Applicant Versus The Competent Authority, Lucknow … Respondent (12)MP-87/LKW/2013 (Rest.) In FPA-84/LKW/1996 Durga P. Jaiswal … Appellant/Applicant Versus The Competent Authority, Lucknow … Respondent (13)MP-136/LKW/2017 (Misc.) MP-88/LKW/2013 (Rest.) MP-97/LKW/2013 (Sub) MP-26/LKW/2014 (Abatement) MP-27/LKW/2014 (COD) In FPA-16/LKW/1997 Durga P. Jaiswal LH … Appellant/Applicant Versus The Competent Authority, Lucknow … Respondent (14)MP-89/LKW/2013 (Rest.) MP-28/LKW/2014 (Sub) MP-29/LKW/2014 (Abatement) MP-30/LKW/2014 (COD) In FPA-17/LKW/1997 Akash Jaiswal … Appellant/Applicant Versus The Competent Authority, Lucknow … Respondent (15)MP-90/LKW/2013 (Rest.) MP-98/LKW/2013 (Sub) FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997 Page 3 of 5

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MP-31/LKW/2014 (Abatement) MP-32/LKW/2014 (COD) In FPA-18/LKW/1997
Shanker Prasad Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent
(16) MP-91/LKW/2013 (Rest.) In FPA-19/LKW/1997
Durga P. Jaiswal	…	Appellant/Applicant
Versus
The Competent Authority, Lucknow	…	Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Anurag Singh, Advocate For the respondent : Shri Munish Kumar, Advocate with Shri D.S. Bisth, Joint Commissioner

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CORAM SMT. ANANYA RAY : MEMBER

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ORDER

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05.09.2018

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FPA-73 to 84/LKW/1996, FPA-16 to 19/LKW/1997

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These are old appeals of 1996. On the last occasion i.e. 11^th July,

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2018 the bench had directed the counsel for appellant, since 17 appeals have been filed, whereas the impugned order against which the appeals have been filed have only 6 defendants, to submit a chart with the name of the original appellants, the present appellant, how they are related to the original appellant and all details as mentioned therein.

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FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997

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Page 4 of 5

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Counsel for the appellant seeks some more time as he was unable to complete it in the time given. He also sought to inspect the record of the Tribunal, which is allowed.

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The counsel for the respondent strongly objects and submitted that it is very old case and is unnecessarily dragging. None of these so called legal heirs of the deceased original defendant have yet been allowed substitution, as that matter is also pending. Hence not further time should be given and the case be heard, he pleaded.

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In the interest of justice, while giving some time to the appellant to do the needful, it is clearly mentioned that no further adjournment would be given. They will submit the application alongwith the chart in advance to the respondent. It is also made clear that the respondent is not barred from taking any action as per law pursuant to the order.

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List on 27^th November, 2018.

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(Ananya Ray)

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Member

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New Delhi, 5^th September,2018

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‘s’

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FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997

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Page 5 of 5

FPA-75/LKW/1996 of Vikas Singh Jaiswal v/s The Competent Authority, Lucknow

Case brief

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FPA-75/LKW/1996 of Vikas Singh Jaiswal v/s The Competent Authority, Lucknow

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