The Branch Manager, National ... vs Manda Nagesh And Another
2021 Latest Caselaw 3296 Tel

     THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI


      CIVIL MISCELLANEOUS APPEAL NO.453 OF 2021


                          JUDGMENT

This Civil Miscellaneous Appeal has been filed by Opposite

Party No.2-insurance company challenging the Award of the

Commissioner for Workmen's Compensation and Assistant

Commissioner of Labour, Nizamabad in W.C. No.270 of 2004

dt.31.08.2007.

2. It is noticed that on 16.02.2015 this Court permitted the

appellant to take out personal notice to the 1st respondent through

registered post with acknowledgement due and file proof of service

within four weeks, failing which it was observed that the appeal

should stand dismissed without reference to the Court as against the

1st respondent.

3. Since the Court order dt.16.02.2015 has not been complied

with, it was endorsed by the Registry that the counsel for the

petitioner (appellant) has not taken any steps.

4. Even when the case is called for hearing today, no proof of

service of notice on the 1st respondent is filed. The 2nd respondent is

owner of the vehicle who holds insuranc policy.

5. Since the main contesting party is the 1st respondent and the

appeal against him was already dismissed for default vide Court Order

dt.16.02.2015, this Appeal does not survive for adjudication.

6. Accordingly, the Civil Miscellaneous Appeal is dismissed. No

order as to costs.

7. Pending miscellaneous petitions, if any, in this CMA shall also

stand dismissed.

                                       ___________________________
                                       JUSTICE P. MADHAVI DEVI

Date:     .11.2021
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