Judgment · High Court · 2011

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO.1965 of 2007 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.Mandar Soman i/b T.D. Deshmukh for the appellant. CORAM : D.G. KARNIK, J DATE : 14th January 2011 P.C. :

Heard learned counsel for the appellant.

Notings in the farad show that the appellant has not taken steps for service on respondent no.5 as directed by this court vide order dated 15 December

2008. Appeal against respondent no.5 therefore stands dismissed for non compliance of this order dated 15 December 2008.

Notices of respondent nos.1 to 4 have been returned unserved with the bailiff’s remark “Not residing at given address”. Appellant is therefore directed to furnish a fresh address of respondent nos.1 to 4 within a week. On such addresses is furnished, issue fresh notices to respondent nos.1 to 4 subject to payment of process. If addresses of respondent nos.1 to 4 is not furnished within a week, appeal shall stand dismissed against respondent nos.1 to 4 for non compliance of this order and under Order 9 Rule 5 of the Code of Civil Procedure.

(D.G. KARNIK, J.)