S. Kanniappan v. S. Hariharan Proprietor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2020

CORAM:

THE HONOURABLE Mr. JUSTICE R.SURESH KUMAR C.M.A.No.2121 of 2011 S.Kanniappan ... Petitioner Vs.

S.Hariharan Proprietor, M/s.Hariharan Fo Fertilizer Co., No.97 B & 98 B Kamarajar St., Big Kanchipuram, Kanchipuram District.

... Respondent Appeal filed under Section 30 of the Workmen's Compensation Act, 1923 against the order dated 03.09.2007 in W.C.No.434 of 2006 on the file of the Deputy Commissioner of Labour - 2 (Commissioner for Workmen Compensation), Chennai - 6.

For Appellant : No appearance For Respondent : Mr.V.R.Kamalanathan

JUDGMENT

This Civil Miscellaneous Appeal has been filed against the impugned order passed by the Workmen's Compensation Commissioner in W.C.No.434 of 2006 on the file of the Deputy Commissioner of Labour - 2 (Commissioner for Workmen Compensation), Chennai, by order dated 03.09.2007.

2.When the matter came up for earlier hearing on 27.11.2019, the learned counsel Mr.V.Ajoy Khose, who appeared for the appellant, had given a statement that, since there is no instructions from the appellant, he had already given change of vakalat.

3.Thereafter, the name of the party i.e., the appellant also had been shown in the cause list during the earlier hearing, but none appeared, therefore, as a last attempt, the notice was directed to be sent to the appellant, though the Registry has sent the notice long back, so far it has not been returned either served or unserved to the appellant.

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4.Heard Mr.V.R.Kamalanathan, learned counsel for the respondent.

5.Since it is an Appeal filed against the impugned order dated 03.09.2007 and the learned counsel who appeared for the appellant since did not get any instructions and though the name of the appellant had also been shown in the list, there was no representation for the appellant, this Court feels that, the appellant seems to have no interest in pursuing the matter. Therefore, this Court has no other option except to dismiss this Civil Miscellaneous Appeal for want of prosecution, accordingly, it is dismissed. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Sgl To The Deputy Commissioner of Labour - 2, (Commissioner for Workmen Compensation), Chennai - 6.

+1cc to Mr.Kamalanathan , Advocate SR.No. 7511 C.M.A.No.2121 of 2011 A.SK(25/02/2020) https://hcservices.ecourts.gov.in/hcservices/