In a writ petition regarding service of process where the petitioner remained untraceable despite attempts, the petitioner's counsel moved to discharge and requested disposal of the petition. The court accepted the request, discharged the rule, and disposed of the petition in the absence of the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2976 OF 1991
Smt.Jyoti N.Sukumaran .. Petitioner
V/s
Industrial Development bank of India .. Respondent
Mr.S.P.Kanuga for the Petitioner.
Mr.Anant Upadhya i/by M/s.Pimenta, Kapasi & Satpute for
the Respondent.
CORAM : DR.S.RADHAKRISHNAN &
SMT.V.K.TAHILRAMANI, JJ.
DATE : 07th November, 2006.
P.C.:
1. The learned Counsel for the Petitioner states that
inspite of number of attempts made, the letters
addressed to the petitioner have come back with the
postal remark "left". The said sealed envelopes with
the postal remark "left", tendered by the learned
Counsel for the Petitioner are taken on record and
marked as ‘X’ collectively. Mr.Kanuga, the learned
Advocate for the Petitioner states that there are no
instructions from the Petitioner and that the Petitioner
is not traceable. In view thereof, Mr.Kanuga, the
learned Advocate appearing for the Petitioner stands
discharged from the matter.
2. In the absence of the Petitioner, Rule stands
discharged. Petition stands disposed of.
(SMT.V.K.TAHILRAMANI, J.) (DR.S.RADHAKRISHNAN,J.)
Jyoti N. Sukumaran
Industrial Development bank of India
S.Radhakrishnan
V.K.Tahilramani
As recorded by the court registry
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