UNITED INDIA INSURANCE CO LTD Vs. REKHA DEVI

JUDGEMENT

(1.) MAC .APP. 735/2007 and CM.APPL 17718/2007(stay) and CM.APPL 20219/2014(for deletion of respondent no.13)

(2.) NOTICE of the appeal was issued and subject to deposit of 15% of the award amount with the Registrar General of this Court, the operation of the impugned award was stayed.

(3.) THE appeal has remained pending for the last eight years for service of the respondents. On 10.05.2011, it was reported by the Registrar that service of all the other respondents, except respondent no.13 Smt. Parminder Kaur, stood effected and that the appellant had failed to take steps for service of respondent no.13 by publication inspite of repeated opportunities. Accordingly the matter was put up before the Court. However, when the matter came before the Court on 26.07.2011, on the statement of the counsel for the appellant that the appellant will furnish fresh address of respondent no.13, the matter was again relegated to the Registrar for service of respondent no.13 at fresh address. The appellant, however failed to furnish any fresh address of respondent no.13 and also did not effect publication. Again, the matter was posted before the Court. Vide order dated 22.08.2014, a final opportunity was granted to the appellant to take steps for completion of service on respondent no.13 subject to payment of costs of Rs.10,000/ -. However on 25.11.2014, on the statement of the counsel for the appellant before the Registrar that he intends to delete respondent no.13 from the array of respondents, the appellant was given opportunity therefor. The counsel for the appellant, on inquiry, states that the cost of Rs.10,000/ - also has not been paid. CM.APPL 20219/2014 has since been filed for deletion of respondent no.13 from the array of respondents at the risk of the appellant.