A. K. Mathur, J. - (1.) I. A. Nos. 14 to 17 have been filed in C. A. Nos. 6716-6719 of 1999 with prayer that Order dated 5-4-2005 be recalled as applicants were not served and they may be heard in the matter. We have heard learned counsel for the parties and we dont find any merit.
(2.) Applicant No. 1-Umaditya Verma was respondent No. 1 in C.A. No. 6716 of 1999 arising out of S.L.P. (C) No. 18435 of 1998. Dasti notice was served on him on May 25, 1999 in S.L.P. (C) No. 18435 of 1998 and affidavit of dasti service has been sworn in byShri H. S. Gaba, the Asst. Regional Manager of the appellant-U. P. State Road Transport Corporation and filed in the Registry along with duplicate copy of the notice which bears his signature. Applicant No. 2 Smt. Santosh was respondent No. 5 in C.A. No. 6716 of 1999 arising out of S.L.P. (C) No. 18435 of 1998. Notice in S.L.P. (C) No. 18435 of 1998 was duly served on her by registered post and acknowledgment due card which was signed by her on March 5, 1999 has been received back in the Registry. Applicant No. 3-Digvijay Singh was respondent No. 7 in C.A. No. 6716 of 1999 arising out of S.L.P. (C) No. 18435 of 1998. He has been served dasti in S.L.P. (C) No. 18435 of 1998 on June 1, 1999 and affidavit of dasti service has been sworn in by Shri H. S. Gaba, the Assistant Regional Manager of the appellant-U. P. State Raod Transport Corporation and filed in the Registry along with duplicate copy of the notice which bears his signature. Applicant No. 4 Pradeep Singh was respondent No. 10 in C.A. No. 6716 of 1999 arising out of S.L.P. (C) No. 18435 of 1998 and affidavit of dasti service in S.L.P. (C) No. 18435 of 1998 has been sworn in by Shri H. S. Gaba, the Assistant Regional Manager of the appellant-U. P. State Road Transport Corporation and filed in the Registry along with the duplicate copy of the notice which bears the signature of applicant No. 4. Applicant No. 5-Randhir Singh was respondent No. 1 in C.A. No. 6717 of 1999 arising out of S.L.P. (C) No. 18436 of 1998. Notice in S.L.P. (C) No. 18436 of 1998 was duly served on him by registered post and acknowledgment due card which was signed by him on March 5, 1999 has been received back in the Registry. Applicant No. 6-Sanjeev Kumar was respondent No. 9 in C. A. No. 6717 of 1999 arising out of S.L.P. (C) No. 18436 of 1998. He has been served dasti in S.L.P. (C) No. 18436 of 1998 and affidavit of dasti service has been sworn in by Shri H. S. Gaba, the Assistant Regional Manager of the appellant-U. P. State Road Transport Corporation and filed in the Registry along with the duplicate copy of the notice which bears the signature of applicant No. 6. The present I.As. i.e. I.A. Nos. 14-17 have been filed under Order XIX, Rule 4 of the Supreme Court Rules, 1966.
(3.) These I.As. are supported by an affidavit of one Digvijay Singh. Digvijay Singh in his affidavit says that he is applicant No. 6 whereas in the I.As. he has been arrayed as applicant No. 3. Therefore, this averment of Digvijay Singh is erroneous. However, he has alleged that all these applicants were not served. We fail to understand as to how could he swear the present affidavit on behalf of all the applicants. So far as applicant No. 3-Digvijay Singh is concerned, he has been duly served as respondent No. 7 in S.L.P. (C) No. 18435 of 1998 on June 1, 1999 and affidavit of dasti service has been sworn in by Shri H. S. Gaba, the Assistant Regional Manager of the appellant-U. P. State Road Transport Corporation and filed in the Registry along with duplicate copy of the notice which bears his signature. This was accepted by the Registry and now he has filed the present I.A. wherein he has averred that he has not been served. He has alleged that dasti notice was never served on him nor any acknowledgment was obtained from him. The allegations are absolutely false. His signature appears on the duplicate copy of the notice dated June 1, 1999. This was supported by affidavit of dasti service by Sh. H. S. Gaba, Assistant Regional Manager of the appellant-Corporation. Similarly, dasti service has been effected on the applicant No. 1-Omaditya Verma on May 26, 1999 and the duplicate copy of the notice bears his signature. Applicant No. 2-Smt. Santosh was duly served by registered post and acknowledgment due was signed by her on March 5, 1999. Applicant No. 4-Pradeep Singh was served dasti and the duplicate copy of the notice which is annexed to the affidavit in support of dasti service bears signature with date.;