HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.NO.1695 OF 1997 Dt.29.6.2010 Between:
Union of India rep. by Chief Engineer (FY), Hyderabad Zone, Secunderabad.
..Appellant And M/s.Rahul Construction Company, Rep. by its Prop. R.C.Agarwal and another ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.NO.1695 OF 1997 JUDGMENT: (Per Sri Justice V.Eswaraiah) This Court made the following order on 23.6.2010:
“This appeal is filed by the Union of India represented by its Chief Engineer (FY), Hyderabad Zone, Paradegrounds, S.P.Road, Secunderabad. At the request of the Additional Standing Counsel, the office was directed to supply xerox copies of papers on payment of usual charges and also directed to print the name of Sri E.Phani Kumar, Additional Standing Counsel, to whom the case is said to have been entrusted. Thereafter, the names of Assistant Solicitor General and Additional Standing Counsel were printed. On 20-07-2009, a representation was being made stating that connected appeal in F.A.F.O.No.884 of 1997 is pending on the file of the Allahabad High Court and the appellant is taking steps to get the said appeal to be transferred to this Court by moving the Supreme Court. But, no such steps have been taken so far. After undergoing several adjournments, the matter was posted under the caption “for dismissal” and again the matter was directed to be deleted from the caption “for dismissal” and further directed to be posted before the regular court by order, dated 18-06-2010.
Today, when the matter is taken up for hearing, none appeared.
Post the matter “for dismissal” on 28-06-2010.”
Even today also, though the matter is listed under the caption “for dismissal” in spite of printing names of both the counsel appearing for the appellant, none appears and no representation is made on behalf of the appellant.
In the circumstances, the appeal is dismissed for non-prosecution. There shall be no order as to costs.
V.ESWARAIAH, J.
NOUSHAD ALI, J. 29.6.2010 kpr