New India Assurance Company Ltd. vs Smt. Kalpana Anil Chauhan & Others
2017 Latest Caselaw 5410 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1312 of 1990
 

 
Appellant :- New India Assurance Company Ltd.
 
Respondent :- Smt. Kalpana Anil Chauhan & Others
 
Counsel for Appellant :- Vineet Saran,Rajeev Ojha,Rajiv Ojha
 
Counsel for Respondent :- Pramod Kumar Jain,Vivek Kumar Singh
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Saral Srivastava,J.

This file has been listed alongwith F.A.F.O. No.-1327 of 1990. The order of listing the connected file was passed on 18th April 2017. The office report dated 12th July, 2017 records that the file is not traceable as it has been sent to the Notice Section for issuing a notice in order to engage another counsel. The order passed by the Division Bench is available on the internet which is dated 20.10.2016, whereby notices were issued to engage another counsel. It is not understood as to why the office dispatched the notice on 10th May, 2017 as is recorded in the order sheet. It is therefore evident that it was almost after six months that the notices to engage another counsel were dispatched upon the order being passed on 20.10.2016.

Today, when the matter was listed again the file of F.A.F.O. No.-1327 of 1990 is not available and consequently, the court had summoned the officials of the F.A.F.O. Section, as well as the Notice Section. Sri Goverdhan, the Section Officer alongwith his assistants and Sri Sanjeev Ranjan, In-charge of the Notice Section have appeared before the Court and it is stated by them that the file after dispatch of notices is for the time being not traceable.

Sri Vivek Kumar Singh, learned counsel for the appellant in the connected Appeal No.- 1327 of 1990 submits that this situation is continuing for the past six months and the file has not yet been traced out and placed before the Court.

Upon a query made the officials have stated that they will make efforts and produce the file within two weeks. It is made clear that in event the file is not traced out and placed before the Court by the next date fixed, this court may be compelled to pass an appropriate order for initiating action on account of non-availability of the file resulting in an unnecessary consumption of the time of this court in getting the file traced.

This order shall be brought to the notice of the Registrar General. We fix 25th October, 2017 as prayed by the officials for making the file available. List accordingly.

Order Date :- 12.10.2017

Israr