1 caf5346 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.5346 OF 2008 IN FIRST APPEAL St.NO.24790 OF 2008 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.Deepak Sharma i/b Mr.Dinesh Gupta for the Applicant None for the respondent CORAM: A.S.OKA,J. DATE : JUNE 17,2011 P.C.: 1 Heard learned counsel for the applicant. Office remark shows that the notice issued to the second respondent is returned unserved with remark incomplete address . The learned counsel for the applicant states that nothing can be done further by the applicant as notice was issued at the address on the record of the Tribunal. The second respondent is one of the claimants. As the applicant is not willing to take steps for service of notice to the second respondent, the 2 caf5346 application is dismissed as against the second respondent. As impugned Award stands confirmed as far as the second respondent is concerned, this application will not survive as against the first respondent. The reason is that even if delay is condoned, the Appeal will not be maintainable by virtue of confirmation of Award in favour of the second respondent. Hence, Application is rejected. 2 Civil Application no.5347 of 2008 does not survive and the same is disposed of. JUDGE