THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE B CHANDRA KUMAR APPEAL SUIT No. 1437 OF 1998 DT.13.7.2011 Between: The State Trading Corporation of India Limited and another … appellants And M/s. Seaways Shipping Limited … Respondent Counsel for the Petitioner: Sri Philkana Rama Rao Counsel for respondent: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE B CHANDRA KUMAR APPEAL SUIT No. 1437 OF 1998 JUDGMENT : (Per Sri Justice V Eswaraiah) The appellants herein are defendants, filed the present appeal against the decree and judgment dated 30.6.1998 in O.S. No. 85 of 1997 on the file of the Principal Senior Civil Judge, Kakinada decreeing the suit with proportionate costs for Rs.8,01,283.60 with subsequent interest at the rate of 24 % per annum from the date of filing of the suit till date of decree and thereafter at 6 % per annum. Since the notice on respondent is not served, this Court by order dated 22.6.2011 permitted the learned counsel for appellants to take out notice on respondent and further directed that if the proof of service is not filed by today i.e. 13.7.2011, the appeal stands dismissed. The order reads as under; “Notice sent to the respondent returned unserved on the ground that address given is not clear. Learned counsel for appellants is permitted to take out fresh notice on respondent indicating that the appeal is listed on 13.7.2011 and file proof of service in Registry. If the proof of service is not filed by 13.7.2011 the appeal stands dismissed. List on 13.7.2011.” Admittedly the proof of service of notice on respondent is not filed and the conditional order dated 22.6.2011 is not complied with. Accordingly, for non compliance of the conditional order dated 22.6.2011 the appeal stands dismissed. No costs. ______________ V.ESWARAIAH,J __________________ B. CHANDRA KUMAR,J DATE: 13.7.2011 THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE B CHANDRA KUMAR APPEAL SUIT No. 1437 OF 1998 DATE: 13.7.2011 TVK