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Madras High CourtWP/22180/2013dismissed for nonprosecution

M/S.Aziz Export, v. The Presiding Officer

2023-11-10Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Writ Petition No.22180 of 2013 & MP.No.1 of 2013 M/s.Aziz Export rep. by its Authorized person, Mr.M.D.Shamim, no.20, Salai Road, Choolai, Chennai-600 112.

..Petitioner vs.

1.The Presiding Officer, I Additional Labour Court, Chennai.

2.Mrs.Renuka ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to consider the petition filed by the petitioner before the first respondent in IA.No.317 of 2013 in I.D.No.64 of 2007 for condone the delay in filling the set aside petition and petition to set aside the exparte award in I.D.No.64 of 2007 dated 29.09.2010 of the first respondent. 1/4

For Petitioner : no appearance For Respondents : no appearance

O R D E R

It is seen from the records that when the matter was taken up for hearing on 09.11.2023, there was no representation for the petitioner and hence, the matter was directed to be listed on 10.11.2023, under the caption ''for dismissal''. Even today, when the matter is called, there is no representation for the petitioner.

2.It is also seen from the records that Mr.R.Ramesh, the counsel on record has given change of vakalat and has also handed over the case records to the petitioner. Thereby, this Court has ordered notice to the petitioner, which, as per the records was served on 04.03.2022. None of the Advocates filed vakalat and thereby the petitioner's name was printed in cause list. Even then, the petitioner is not evinced any interest to prosecute this case. Hence, this Court has no other option except to dismiss the Writ Petition for non-prosecution.

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3.Accordingly, the Writ Petition is dismissed for non-prosecution. No costs. Consequently connected miscellaneous petition is closed. 10.11.2023 Index : Yes/No Speaking order:Yes/No dn To 1.The Presiding Officer, I Additional Labour Court, Chennai.

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Dr.D. NAGARJUN, J dn Writ Petition No.22180 of 2013 10.11.2023 4/4