Md. Mustakin v. M/S. Raghu Nath & Co. (P) Ltd. & ORS.

07 DL,Ct.18 08.09.2021 AJ.

S.A. 1289 of 1964 (Via Video Conference) Mohammad Mustakin -Vs- Messrs. Raghunath & Co. & Ors.

None appears on behalf of the parties either virtually or physically on call.

Seen the office report dated August 24, 2021 wherefrom it appears that the Hon'ble Division Bench vide order dated April 08, 1981 directed to issue administrative notice upn the appellant as his learned advocate was dead, such notice although was issued, but there is no service return on record.

The administrative notice since was issued long back it can safely presumed that it has been served upon the appellant, that apart, the appeal has been dismissed against the respondent nos. 1 and 2 for want of postal requisites.

The circumstances recorded above indicate that the appellant has lost his interest to proceed with the appeal.

S.A. 1289 of 1964 is, therefore, dismissed for default.

There shall be no order for costs.

Department is directed to send down the Lower Court Records immediately to the concerned Court below.

(Biswajit Basu, J.)