A defective appeal filed in 1996 by the appellant regarding ownership of a truck in a motor accident. The appeal was restored in 2019 after delay condonation due to inactivity but was subsequently dismissed.
Appeal dismissed due to inactivity and failure to prosecute the matter after restoration.
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Court No. - 44
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 581 of 1996
Appellant :- Kisan Cooperative Sugar Factory Ltd. Respondent :- Motor Accident Claims Tribunal And Others Counsel for Appellant :- A.K. Misra,Pradeep Kumar Singh,Vrindavan Mishra
Hon'ble Dr. Kaushal Jayendra Thaker,J.
This is a defective appeal of the year 1996. The only defect endorsed there was except formal order, therefore, there is no defect.
The appellant has preferred this appeal claiming that the appellant was not the owner of the truck with which the accident occurred. However, after filing of this appeal and after the appeal was once dismissed in default on 25.3.2008, the counsel seems to have not taken any interest in prosecuting this matter.
On 9.12.2019 the undersigned had condoned the delay for restoring the appeal. No steps are taken.
I have no other option but to dismiss the same.
Accordingly, the appeal is dismissed.
Order Date :- 9.1.2023 P.S.Parihar
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad
Kisan Cooperative Sugar Factory Ltd.
Motor Accident Claims Tribunal
Dr. Kaushal Jayendra Thaker
Puran Singh Parihar
As recorded by the court registry
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