(O&M) United India Assurance Co. v. Amri Devi And ORS.

2023:PHHC:166161

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH FAO-393-1994 XOBJC-63-CII-2002 Date of decision: 21.12.2023 United India Assurance Co.

....Appellant versus Amri Devi and Ors.

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. Suraj Mandhan, Advocate for Mr. Suman Jain, Advocate for the applicant.

***** AMAN CHAUDHARY, J (ORAL) 1.

In terms of the order passed by this Court, response received from the Civil Judge (Sr. Division), Faridabad vide letter dated 03.03.2021 is that despite best efforts record of the case is not traceable as it was damaged by water entering into the record room long ago and that without particulars of the case, the file cannot be reconstructed.

2.

Notice was issued to Mr. Pardeep Bedi, Advocate, Mr. N.K. Gautam, Advocate, Mr. Harsh Aggarwal, Advocate and Mr. Suman Jain, Advocate, Mr. R.S. Saini, Advocate, Mr. R.S. Chauhan, Advocate through email. Mr. Suraj Mandhan, Advocate appears on behalf of Mr. Suman Jain, Advocate and submits that despite best efforts, record is not available with the United India Assurance Co. as regards the present case is concerned. 3.

In view of the above, this Court has no option but to dismiss the present appeal for non-prosecution. However, liberty to revive the same as and when record is available or such need arises. 4.

Ordered accordingly.

(AMAN CHAUDHARY) JUDGE 21.12.2023 Hemant Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No HAMANT 2024.01.05 17:47 I attest to the accuracy and authenticity of this order/judgment