M/S. Lumbini Resorts Pvt. Ltd., v. M/S. Fashions Electric Dry Cleaners

THE HON'BLE SRI JUSTICE DILIP B.BHOSALE CIVIL REVISION PETITION No. 516 of 2011 P.C:

Mr.Dheeraj Singh, learned counsel for the respondent, submits that the Proprietor of the sole respondent expired on 13.08.2012. He submits that learned counsel for the petitioners was served with the memo, dated 18.02.2003, intimating him the date of death of the Proprietor of the respondent concern with the names of legal representatives. Till today, he submits that no steps are taken by learned counsel for the petitioners. Learned counsel for the petitioners submits that he has not received the memo as stated by learned counsel for the respondent.

I would not like to enter into this controversy. Fact remains that the Proprietor of the sole respondent passed away on 13.08.2012.

In view thereof, C.R.P. abated in 2012 itself. It is open to the petitioners to file applications for setting aside the abatement, condonation of delay and for bringing legal representatives or succeeding Proprietor on record. If any such applications are filed, the same will be considered and decided on merits. For the present, C.R.P. does not survive for consideration and disposed of as such.

_____________________ DILIP B.BHOSALE,J Dt:13.02.2015 kdl