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Bombay High CourtMCA/326/2019disposed of

Goa Daman And Diu, Goa Industrial Development Corporation, Rep. By Its M.D., v. Keshav Sripad Naik (Deceased) Thr. His Legal Representatives.,

2019-07-18Registrar2 pages

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF BOMBAY AT GOA

APPELLATE SIDE MISC.CIVIL APPLICATION NO. 326 OF 2019 IN MISC.CIVIL APPLICATION NO. 260 OF 2015 GOA DAMAN AND DIU, GOA INDUSTRIAL DEVELOPMENT CORPORATION, REP. BY ITS M.D., ... Appellant

Versus

KESHAV SRIPAD NAIK (DECEASED) THR.

HIS LEGAL REPRESENTATIVES., ... Respondent None present.

REGISTRAR'S ORDER This is an application of issuing fresh notices to the unserved respondent nos. 18, 25,28, 29, 17(a)(b)(e)(f)(g) & (h) by way of publication of notice in the local daily newspaper in Goa and the unserved respondent nos. 14, 30, 31, 32 by way of publication the notice in the local daily Newspaper in Mumbai and Maharashtra. This application is filed on 25.02.2019, however the Section Officer has placed his note with the approval of the Dy. Registrar. On its perusal, it reveals that the appellant had filed Misc. Civil Appln. 260/2015 for condonation of delay caused in filing First Appeal (Stamp Number (Main) No.597/2015). The Misc. Civil Appln. No. 260/2015 came before the Hon'ble Court on 08.02.2019 wherein the Hon'ble Court granted one weeks time to file affidavit of service with a further direction that, failing which the application shall stood dismissed without reference to the Court.

On 16.02.2019, a remark is endorsed on the farad sheet that, in view of the Order dated 08.02.2019 of the Hon'ble Court, till date affidavit

of service is not filed. On 22.02.2019, the Dy. Registrar made an endorsement on the farad sheet that, as the applicant failed to file the affidavit of service in the present application,the application stood dismissed.

On the date of filing this application, the Misc. Civil Appln. No. 260/2015 was not surviving. Hence this application also does not survives and it is disposed off.

Date: 18th July, 2019 ( Kiran A. Bagi ) Registrar(Judicial) sk