Since last two occasions the learned advocate appearing on behalf of the petitioner is remaining absent.
Present petition is of the year 2004 with respect to the dues of the electricity Company. At the relevant time present petition was preferred on the ground that the Company was before the AAIFR by way of Appeal No.48 of 2004, and therefore, it was the contention on behalf of the petitioner that no recovery proceedings can be initiated. However, nothing has been pointed out with respect to outcome of the aforesaid appeal. Considering the fact that the appeal before the AAIFR was preferred in the year 2004 and now more than 9 years have passed and the appeal must have been disposed of. It is required to be noted that even at the relevant time, the respondent Electricity Company had instituted suit for recovery of the amount which was decreed subsequently.
Under the circumstances, present petition is dismissed for non-prosecution. Rule is discharged. No costs.
(M.R.SHAH, J.) Rafik.
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