The High Court dismissed an appeal arising from 2013 for non-prosecution as the appellant failed to appear and their counsel had allegedly died, and notice service failed.
MFA No. 98/2013 stands dismissed for non-prosecution; liberty granted to file appropriate application.
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GAHC010008742013
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/98/2013
M/S SONAM TRADERS
C/O 13, MOHAN MARKET, GUWAHATI1
VERSUS
UNION OF INDIA REPRESENTED BY GENERAL MANAGER, N.F. RLY, MALIGAON, GUWAHATI-II
Advocate for the Petitioner : MR.H P BARMAN
Advocate for the Respondent : MS.U CHAKRABORTY
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 15.11.2023
None appears for the appellant when the matter is called.
It is noticed that when the matter was listed on 24.09.2019, none appeared; on 21.10.2019 there was no representation by the appellant; on 21.10.2019 an adjournment was sought for by the respondent; on 28.09.2023 again none appeared for the appellant. But on 28.09.2023, the Court was informed by the
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respondent that there is a possibility that the learned counsel for the appellant may have died in the meantime. In the circumstance, there was a direction to issue notice to the appellant in the correct address.
The office note dated 10.11.2023 provides that notice had been issued in the correct address but it has been returned back with a postal remark ‘insufficient address’.
As the attempt to serve notice on the appellant did not succeed and the learned counsel for the appellant is also no more and the appellant is not taking any proactive measures for representation before the Court and also considering it to be matter of the year 2013 where persistently there is no representation from the appellant, MFA No. 98/2013 stands dismissed for non-prosecution. However, liberty is granted to the appellant to file appropriate application, if so advised.
Ms. M. Chatterjee, learned counsel for the respondent is present.
JUDGE
Comparing Assistant
M/S SONAM TRADERS
UNION OF INDIA REPRESENTED BY GENERAL MANAGER, N.F. RLY, MALIGAON, GUWAHATI-II
Achintya Malla Bujor Barua
As recorded by the court registry
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