Single judge order dismissing a first appeal for want of prosecution due to the appellant's failure to deposit the requisite amount for summoning lower court records within the granted time.
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Neutral Citation No. - 2024:AHC-LKO:18203
Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 70 of 2009
Appellant :- Smt. Sheela Devi Respondent :- Union Of India Through G.M. Northern Railway Baroda Counsel for Appellant :- Rajendra Jaiswal Counsel for Respondent :- Alok Kumar Srivastava,Brijesh Kumar Shukla,Vijay Pratap Singh
Hon'ble Rajnish Kumar,J.
As per office report learned counsel for the appellant has failed to deposit the requisite amount for summoning the Lower Court Record, therefore the requisition could not be sent.
Shri Rajendra Jaiswal, learned counsel for the appellant seeks a week's further time to deposit the requisite amount.
This court had passed the following order on 12.02.2024:-
"As per office report dated 31.01.2024 learned counsel for the appellant has failed to deposit the required amount for summoning the Lower Court Record.
As prayed by learned counsel for the appellant ten days and no more further time is granted to take steps."
In view of above and considering the request of learned counsel for the appellant as learned counsel for the appellant has failed to indicate any reason as to why the steps have not been taken no further time can be granted.
Accordingly the appeal is dismissed for want of prosecution.
Interim order stand vacated.
The order has been passed in presence of Shri Vijay Pratap Singh, learned counsel for the respondents.
............................................ (Rajnish Kumar,J.) Order Date :- 28.2.2024 Banswar
Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench
Smt. Sheela Devi
Union Of India
Rajnish Kumar
As recorded by the court registry
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