Sk. Azem Ali Proprietor v. Md. Mofizur Rahaman & ORS

Ct. No. 04 FMA 1003 of 2018 FMAT 1138 of 2017 AN 19.08.2021 Sk. Azem Ali Proprietor of M/s.

Reliable Construction & Co.

vs.

Md. Mofizur Rahaman & Ors.

None appears on behalf of appellant. On 25th June, 2021 following order was made:

"The first miscellaneous appeal tender is of year 2017. It has been listed to be moved for admission. However, none appears on behalf of appellant. We find by impugned order appellant's vacating application was rejected. There was direction for filing written statement. We presume, written statement has been filed and the suit proceeded with, which is why appellant seems to be disinterested.

Nevertheless let notice enclosing copy of this order be issued to the learned advocate. In event appellant continues to go unrepresented on adjourned date or thereafter, the appeal is likely to be dismissed. List in monthly list of August, 2021."

Noting dated 29th July, 2021 says notice was issued. Printed list has been published. We are convinced appellant has lost interest.

FMA 1003 of 2018 is dismissed.

(Arindam Sinha, J.) (Saugata Bhattacharyya, J.)