None present for the parties even though the matter was called twice in the morning session and on second occasion at 12.10. p.m.

          By order dated 17.5.2004, opposite party was given four weeks’ time to file affidavit evidence, subject to payment of cost of Rs.5,000/- and the matter was adjourned to 25.10.2004. On 25.10.2004, the affidavit evidence was not filed and the matter was adjourned once again subject to payment of additional cost of Rs.10,000/-. The said cost of Rs.5,000/- and 10,000/- were not paid by the opposite party. Thereafter, the matter came up on 30^th October, 2009. Notice issued to the Counsel for the opposite party for 30.10.2009 was served but no one appeared on behalf of the opposite

-2-

party. Fresh notices were again ordered to be issued. The notice has been served for today on complainant Mrs. Ronia Quazi. Notice of opposite party has been returned with endorsement of the postal authorities ‘not claimed’, which amounts to service. Since neither of the parties is present, there is no alternative left but to dismiss the complaint for non-prosecution. 

          The complaint is accordingly dismissed for non-prosecution with no order as to costs.