For the Appellant                 Ms Kanika Agnihotri and Mr Shaurya Rohit

                                        Advocates

ORDER

MA No.179 of 2024 (Restoration)

1.          This MA has been filed seeking restoration of the order dated 13.06.2023 as per which FA no.588 of 2019 was dismissed since no steps have been taken by the appellant for service on the respondent. On 13.06.2023, the date of the order, none was present on behalf of the appellant despite pass over. It had, therefore, been held that the appellant was not interested in pursuing the matter and the matter was dismissed in default.

2.     The MA has been filed seeking restoration of the First Appeal on the ground that the appellant had not been able to provide the correct address of the respondent or to serve respondent due to the mistake of the Clerk who was not available on account of some medical emergency in the family. It is also submitted that the Associate who was handling the matter had left the office of the Counsel for the appellant and therefore, the application had not been filed.

3.     The MA has been considered. It is seen from the record that despite specific orders dated 24.06.2022, service of notice on the respondent was not complete and three weeks further time being granted to the Counsel for the appellant appearing on that date to serve respondent no.2, no action was taken. Also, different counsels kept representing the appellant on subsequent hearings and on 13.06.2023 none appeared on behalf of the appellant without taking action to comply with the directions.

4.     From the above, it is apparent that the order of dismissing the appeal on the ground that the appellant was not keen in pursuing the matter cannot be faulted.  The MA is therefore, dismissed for the above reasons.