LAWS(KAR)-2023-5-512

SHAKTHI TYRES RETREADERS Vs. MANAGER

Decided On May 26, 2023
Shakthi Tyres Retreaders Appellant
V/S
MANAGER Respondents

JUDGEMENT

(1.) This appeal was filed in the year 2013 and thereafter it was dismissed in 2015 and it was restored on filing an application in 2018. This Court issued emergent notice to the respondents vide order dtd. 30/11/2018 and also made it clear that if P.F. is not paid within one week, the appeal shall be listed before the Court for dismissal as against such respondents. Again the matter was listed on 5/4/2019, and there was no representation for the appellants. However, three weeks time was granted as a last chance for taking steps and it was made clear that if steps are not taken within such period, the matter shall be listed for dismissal on the next date of hearing. On 23/7/2019, the learned counsel for the appellants made the submission that the needful is done and on verification it was found that P.F. was not paid. On 20/1/2020, two weeks time was granted to furnish requisites for issuance of notice to respondent Nos.1 and 2 and it was made clear that if requisites are not furnished within two weeks, the appeal shall be listed for dismissal as against such unserved respondents. The matter was again listed on 6/3/2021, and there was no representation on behalf of the appellants. However, in the interest of justice, two weeks time was granted. On 26/5/2021, again four weeks time was granted to do the needful. On 23/10/2021, at the request of the learned counsel for the appellants, two weeks time was granted to do the needful, failing which the appeal shall stand dismissed. On 25/7/2022, there was no representation on behalf of the appellants and on 28/7/2022, the learned counsel for the appellants sought two weeks time to take out notice to respondent Nos.1 and by way of substituted service. Inspite of time granted on 28/7/2022, no steps were taken even by way of substituted service. Hence, there is no meaning in keeping this appeal for a period of ten years to take steps and the appellants also not made any efforts to serve the notice against the respondents for a period of ten years and no ground is made out to again grant time after one decade.

(2.) The appeal is dismissed for non-taking of steps.