Tairun Nisha v. New India Assurance Co. Ltd. & ANR

FMA-3389 of 2014 25.04.2023 Item no.3 Court No.50 None appears.

Perused the office report dated 25.04.2023 and the orders dated 09.02.2015 & 18.09.2014 passed by the Hon'ble Court.

In the order dated 18.09.2014 the Hon'ble Court was pleased to direct interalia, "The appellant is directed to put in requisites, that is, postal costs with correct postal address of the respondent no.2, and written up notice forms, for effecting service of notice of this appeal on him by registered post with acknowledgement due."

Non-compliance of the said order dated 18.09.2014 was reported before the Hon'ble Court as Item No.1 in the Lay Note dated 13.01.2015 by the Assistant Registrar-II.

Taking cognizance of the said non-compliance, the Hon'ble Court vide order dated 09.02.2015 was pleased to direct interalia, "...The Advocate for the appellant shall complete all the necessary formalities as mentioned in the order dated 18th September, 2014 within four weeks, failing which, the appeal shall stand dismissed without reference to court."

It appears from the office report dated 25.04.2023 that requisites as per the order dated 09.02.2015 has not yet been filed by the Learned Advocate for the appellant for effecting service of notice of appeal upon the respondent no.2 through registered post with A.D.

The department has placed the matter before this Court for passing a formal order of dismissal of appeal on the ground of requisites not filed by the Learned Advocate for the appellant for service of notice of appeal upon the respondent no.2.

In view of the aforesaid, the instant appeal stands dismissed.

(Umesh Singh) Registrar Administration (L & OM)