Senbo Engineering Ltd v. KLA Consttechnologies Pvt Ltd

1. The present appeal has beeii placed before the Court by the Registrar, who has recorded in the orderMated 20iL2017 that none had appeared before him for the appellant and-asviMe ^ not filed, notice could not be issued to thb r^pondent.,., ''

2. It is pertinent to note fhi^/prnMl the application filed by the appellant for condonation of delliy of 340 days in re-filing the appeal had come up for consideration before this court, none had appeared for the appellant. Despite the same, no adverse orders were passed. Prior thereto, on 9.5.2016, last opportunity was granted to the appellant to effect service on the respondent and it was directedthat subject to the appellant depositing the entire decretal amount with upto date interest, there shall be stay of the execution. The delay of 340 days in re-filing the appeal was also condoned on the said date on payment ofcosts ofRs.15,000/-to the respondent. RFA 844/2015 2017:DHC:8920

3. As per the office report, the appellant had failed to file the process fee and deposit the decretal amount. It was therefore clarified on 21.11.2016, that the respondent would be entitled to seek execution of the impugned judgment and decree in accordance with law. It was also noticed on the said date that the appellant had filed the process fee on 11.8.2016 which was returned by the Registry with an observation that no permission was granted to do so. The appellant was therefore directed to file the process fee afresh within two weeks for effecting service on the respondent, returnable before the Registrar on 20.1.2017; Simultaneously, it was made clear that if the appellant does not file the process fee within the stipulated timeline or the process fee remainsunder objectiphs fof. any reason, then the presentappeal shall be dismissed on the next date.'

4. Despite the aforesaid positioni^the appellant did not take any steps to file process fee for effecting service: on the respondent. The said position clearly emerges.from the order"''paSsed-by the Registrar on 20.1.2017, on which date also, none was present for the appellant^,;-T^^ remains the same eventoday. Nonens present forthedpperiant.' -

5. As a result, the present 'appeafis ^j^ in default and for nonprosecution, along with the pending application.

6. The trial court record be released forthwith. HIMA KOHLI, J FEBRUARY 07,2017 ^ i sk/mk I I / A^ Aft ' C-rA //;sf8ffv( C4A/1 f63 x\