Per Justice Mr.S.B. Mhase, Hon’ble President
Heard Mr.R.P. Bafna, Advocate for the appellant.
This matter is of 2001. It appears that from time to time the orders were passed. On 04/06/2001 it was admitted and therefore, notice to the respondent was directed to be issued. It further appears that for whatsoever reason, the notice was not served on the respondent and appeal was lying undated. Thereafter, it was taken on Board on 04/08/2011. On that date, Advocate Mr.R.P. Bafna filed his Vakalatnama with No Objection from earlier Advocate. Respondent was absent on that date. Since, there is nothing on record to show that the date of hearing was intimated to the respondent, the Bench of the State Commission directed to issue notice to the respondent. Accordingly, notice was sent by the office on 12/09/2011. However, on 19/09/2011 the Board was discharged. On 29/11/2011 when the appeal appeared before the Bench, the Bench of the State Commission found that Advocate Mr.Bafna was present for the appellant. Notice of the respondent-Mr.Bapusaheb Aba Jadhav returned unserved with postal endorsement “Not Known”. Therefore, the Bench directed the appellant to issue notice by registered post acknowledgement due through this Commission returnable on 23/02/2012. However, as per the direction, necessary compilation and the address were not submitted and accordingly there was an endorsement made by the office. On 23/02/2012 when it was appeared before the Bench, after perusal of the office endorsement, further time was given to the appellant to issue notice and serve the respondent and it was made returnable on 12/06/2012. Thereafter, the order-sheet dated 12/06/2012 shows that notice has returned unserved and Advocate Mr.Bafna appearing for the appellant undertakes to send fresh notice by registered post acknowledgement due through the Commission. He also undertakes to trace new address of the respondent and to serve the respondent through his office. However, as per the said undertaking, neither fresh address was given nor the compilation was submitted to the office so as to send notice to the respondent. On 23/08/2012 the Board was discharged. On 29/11/2012 also the Board was discharged and case was adjourned to 11/02/2013 i.e. today and accordingly, it was appeared on the Board. Advocate Mr.Bafna makes a statement that address of the respondent is not traceable. If this was a fact known to the Advocate and the appellant-Insurance Company, they should have taken further steps to serve the respondent. However, as on today, no steps have been taken by the appellant-Insurance Company. Therefore, there is no other alternative left but to dismiss the appeal for non-prosecution.
At this juncture Advocate Mr.Bafna tried to submit that he will submit an application under Order V Rule 20 of Code of Civil Procedure. However, he submitted that he is not in a position to file affidavit in support of the application. Such incomplete application at such a belated stage cannot be accepted. In fact one year has lapsed in taking steps for service. Appellant-Insurance Company should have taken diligent steps to find out the respondent and his address and if he is not traceable, they should take further necessary steps. Even though from time to time the matter was adjourned, no steps have been taken in spite of undertaking given to the State Commission. Therefore, the oral request made at this stage is hereby rejected. Hence the order :-
-: ORDER :-
1. Appeal stands dismissed for non-prosecution.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 11th February 2013.
