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2025 DAILYLAW 175254 (ALL)

M/S INDIAN OIL CORP. LTD. v. UNION OF INDIA THRU. GEN. MANAGER NORTHERN RAILWAY VARANASI

FAFO/39/2017 · 2025-11-11

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL FROM ORDER No. - 39 of 2017 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Learned counsel for the appellant is reported to be ill. None appears on behalf of the respondents. 2. The matter is already fixed under Chapter XII, Rule 4 of the Allahabad High Court Rules vide order dated 08.09.2025. 3. There appears two counsels for the appellant and the second counsel is also not present. 4. On 08.09.2025, ten days further time to take necessary steps in terms of earlier order is granted. If so, office to proceed and list thereafter. 5. In case, if the steps have not been taken within the aforesaid period, the matter shall be listed immediately after expiry of the aforesaid period of ten days under the appropriate head. 6. In spite of the aforesaid order, the steps have not been taken by the appellant to serve notice upon the sole respondent by the registered post. 7. The process earlier issued to respondent has been returned unserved with endorsement that there is no office of General Manager, Norther Railway, Varanasi. A judicial notice of this fact can be taken that the office of General Manager, Norther Railway lies in New Delhi and not in Varanasi. Versus Counsel for Appellant(s) : Avanindra Singh Parihar, Kumar Sambhav Counsel for Respondent(s) : M/S Indian Oil Corp. Ltd. .....Appellant(s) Union Of India Thru. Gen. Manager Northern Railway Varanasi .....Respondent(s) 8. Accordingly, due to non-taking of steps, even after specific directions of this Court vide order dated 08.09.2025, the appeal is dismissed, in exercise of power under Chapter XII, Rule 4 of the Allahabad High Court Rules, 1952. November 11, 2025 Mohd. Sharif FAFO No. 39 of 2017 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench