20.12.2018

Present :   Shri Alphus Rockey, proxy counsel for applicant

     This OA came on Board on 21.2.2018 when notice was issued and Dasti service of notice on request of counsel for applicant was allowed. Order reads : "Issue notice Dasti to the respondents returnable by 11.4.2018.  Respondents  may file their reply within four weeks and thereafter, rejoinder be filed within two weeks by the learned counsel for applicant.    The M.A. for joining together is allowed."

     Proof of dasti service of notice was not filed till September, 2018. On 17.9.2018, proxy counsel, who appeared on behalf of the applicant stated that Dasti service of notice given to the applicant has lost and be requested to issue fresh Dasti service of notice.  Taking note of entirety, fresh Dasti service of notice was allowed, subject to payment of costs of Rs.500/-. Order dated 17.9.2018 reads : Take beneath "Shri Aplhus Rockey proxy counsel for applicant informs that notice given Dasti for service upon respondents has misplaced and therefore, it could not be served nor proof of dasti service could be filed. He request that dasti service be issued afresh. He assures that dasti service this time will be affected to the respondents within 10 days after he receive dasti notice. 

     Considered the submissions. Record reflects that on 21.2.2018, notice was directed to be issued on MA as well on OA upon request Dasti notice, for service upon respondents was directed to be given to the applicant. As per record, notice for dasti service was given to the applicant on 27.2.2018. Record further reflects that when this matter came on Board previously, neither the applicant nor his counsel appeared and it is only today request, as noted above, has been made. All this shows causal approach of the applicant and if request as has been made is allowed simpliciter, definitely the applicant would not be serious in future also. 

    Taking note of entirety of the matter, request of the learned counsel is acceded to, but subject to payment of costs of Rs.500/-."

      On following date, after 17.9.2018, none appeared for applicant nor proof of Dasti service of notice was filed and today also, it is proxy counsel who has appeared for applicant and is requesting for further time.  Neither cost has been paid nor proof of Dasit service of notice has yet been filed. All these reflects lackadaisical or evasive approach of the applicant and also indicates that applicant is not serious in prosecution of the matter.  In view of this, OA stands dismissed for non prosecution. MA Nos.81 and 82 of 2018 also stand disposed of.