sr.16-fa-1778-2008.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1778 OF 2008 Clement D’souza .. Appellant Versus M/s. Nikeeta Unique .. Respondent None for the Appellant. Adv. S. B. Prabhavalkar, for Respondent Nos. 1 & 2. CORAM: FIRDOSH P. POONIWALLA, J. DATE: NOVEMBER 14, 2025 P. C. 1. In this Appeal by an Order dated 23rd December, 2022 passed by Registrar (Judicial- II) the learned Advocate for the Appellant was directed to supply R.A.P.D. postal stamps for issuing notice to Respondent Nos. 1 to 4 within two weeks (excluding Christmas Vacation) as a last chance without fail. It was further recorded that on failure to do, an appropriate order, including an Order for dismissing an Appeal, would be passed on the next date. 2. Mr. Prabhavalkar the learned counsel appearing on behalf of Respondent Nos. 1 and 2, informs the Court that till date the Appellants have not supplied the R.A.P.D. postal stamps for issuing notice. Mansi Shelke 1 TRUSHA TUSHAR MOHITE Digitally signed by TRUSHA TUSHAR MOHITE Date: 2025.11.14 17:21:01 +0530 sr.16-fa-1778-2008.doc 3. In these circumstances, it is clear that the Appellant is not interested in prosecuting this Appeal. Hence, the Appeal is dismissed for want of prosecution. 4. Further, although this Appeal has been dismissed for non- prosecution, the undertaking given by the Respondent Nos. 1 and 2, as recorded in paragraph 15 (c) of the Order dated 15th October, 2025 passed by this Court, shall remain in force for period of one month from today. [FIRDOSH P. POONIWALLA, J.] Mansi Shelke 2