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Bombay High CourtFA/348/2005dismissedrule discharged

Manoj Enterprises Thr Poprietor v. Mrs Laxmibai Devrao Kadam And 3 ORS

2015-08-11Registrar1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.348/2005 Manoj Enterprises, Dadar Nagar Haveli ...

Appellants Through its Proprietor

Versus

Laxmibai Devrao Kadam ...

Respondents & ors.

None present

CORAM:

VIJAY S.KULKARNI REGISTRAR (JUDL) DATED:

11/08/2015 1.

Perused the record and proceedings. The objection notified by the office is that the notice issued to the appellant Manoj Enterprises is returned unserved on the ground that though the enquiry was made by the Bailiff about appellant in each and every flats situated in all three buildings of Bombay Garden, but the said Manoj Enterprises could not find out its office or its Proprietor there. The report of bailiff is dated 22nd August 2014. Thereafter no steps have been taken by the appellant to furnish the correct address and to serve the appellant. Thus the objection has not been removed by the appellant till this date. Hence I find no difficulty to pass following order. The appellant fails to take necessary steps and since there is sole appellant, the appeal stands dismissed for failure to prosecute. REGISTRAR (JUDL) cnd.fa348.05