M/S Narin Steel v. M/S Itac Ltd & ORS
-1201-2
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-A No.797-MA of 2013(O&M) Date of Decision: 28.10.2024 M/s. Narain Steel ... Applicant-Appellant
Versus
M/s. ITAC Limited and Others
...Respondents
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. A.P. Bhandari, Advocate for the applicant-appellant(s).
**** ANOOP CHITKARA, J.
1.
The applicant has come up against the judgment of acquittal dated 21.02.2012 passed by the Sessions Court, under Section 378(4) Cr.P.C. 2.
Counsel for the applicant submits that despite his best efforts, he could not get correct addresses of the respondents.
3.
On 02.09.2024, this Court had passed the following orders: "
As per report of Registry, the respondents are still unserved. Let fresh notice be issued to the respondents subject to filing of correct address by 16.09.2024 for 10.12.2024. If the correct address is not filed, Registry to list the matter on 23.09.2024 on which date the present case might be dismissed for nonprosecution. Photocopy of this order be placed on the file of the connected case." 4.
Given above, the present leave to appeal is hereby dismissed for non prosecution with liberty reserved to file fresh leave to appeal under section 419, BNSS, 2023. The time for which the present leave to appeal was pending before this Court shall not be counted for the purpose of limitation. After that the time which will be consumed in taking correct/fresh addresses, they shall be at liberty to explain the delay by mentioning the steps taken to trace out the addresses of the respondent(s). 5.
It is further clarified that the dismissal of the present leave to appeal shall not come in the way in case the complainant files fresh leave to appeal under section 419 BNSS, 2023. Pending applications, if any, also stand disposed of. (ANOOP CHITKARA) JUDGE 28.10.2024 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable:
Yes/No.
Sonia Puri 2024.10.29 19:19 I attest to the accuracy and integrity of this document