When the matter was taken up for hearing on 06.03.2017, there was no representation for the appellant and the case was directed to be posted on 16.03.2017 under the caption ?For Dismissal?. Even today, when the matter is taken up for hearing in the first instance, neither the appellant nor his counsel is present in this Court.
2. In the second instance, when again the matter is taken up for hearing, there is no representation for the appellant.
3. The appeal has been filed pursuant to a judgment and decree in the suit relating to passing off of a trademark. The appellant has not appeared for successive hearing dates and it is obvious that he is not interested in prosecuting the appeal. On the other hand the respondent has been represented by his learned counsel continuously before this Court. Hence, the Court cannot keep the appeal pending in entirety. The appeal is of the year 2008 and nearly more than eight years have passed since the filing of the appeal. Hence this appeal is dismissed for non-prosecution. Consequently, miscellaneous petition is also dismissed. No Costs. .