ICICI BANK LIMITED Vs. MOHD ZAHEEN

JUDGEMENT

(1.) In this Regular Second Appeal notice was issued to the respondent in terms of the order of a learned Single Judge of this Court dated 22.3.2016. The courts below have dismissed the suit for recovery of Rs. 2,57,601.67/- filed by the appellant/plaintiff as barred by limitation.

(2.) By the order of a learned Single Judge of this Court dated 23.2016 notices were issued for 10.8.2016 and for which date the report was that the respondent was un-served as he was no longer residing at the given address and had shifted to Mumbai.

(3.) Vide the next order dated 10.8.2016 fresh notice was issued for 25.10.2016 at the old address or at the fresh address. No notice was however got issued and last opportunity was granted to the appellant vide order dated 25.10.2016 to comply with the order dated 10.8.2016. By this order dated 25.10.2016, it was ordered that in case process fee is not filed within four weeks thereafter the same will be taken on record subject to deposit of costs of Rs. 5,000/-.