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Bombay High CourtCAW/3068/2015allowed

Jagjit Singh Paul And ANR. v. L.K.Jagasia And ORS.

2017-09-29Hon'Ble Shri Justice G. S. Kulkarni2 pages

PVR 1/2 902caw3068-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application NO. 3068 OF 2015 IN Writ Petition NO. 1642 OF 2004 1.Jagjit Singh Paul & Anr.

...Applicants

Versus

L.K.Jagasia & Ors.

...Respondents

None for the Applicants.

Mr.S.S.Kanetkar, for Respondent Nos.2, 3a to 3c. ----- CORAM : G.S.KULKARNI, J.

DATED : 29th September,2017.

--- P.C. :

1.

On 1 September 2017 this Court passed the following order:- "1.

Mr.Kanetkar, learned counsel for the respondent states that despite the clear orders dated 21 July 2017 and 31 July 2017, for the month of August 2017, the applicant has paid an amount of Rs.31,000/-, when the amount of compensation as directed to be paid was Rs.45,000/- per month. He submits that repeatedly such defaults are being made, which are also noted in the earlier orders. Today none appears for the applicants. As a last chance, stand over to 8 September 2017. If on the adjourned date of hearing, the applicants do not appear, this application will have to be dismissed for want of prosecution."

PVR 2/2 902caw3068-15.doc 2.

On the last occasion also none appeared for the applicants. Today again when the civil application is listed, none appears for the applicants. Considering the conduct of the applicants, it appears that the applicants are not interested to prosecution this application. In any event as noted in the earlier orders, the applicants are stated to be in default in depositing the reasonable compensation as directed by this Court.

3.

The civil application is accordingly dismissed for nonprosecution. No costs. (G.S.KULKARNI, J.)