IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CEA No.140 of 2005 DATE OF DECISION: April 7, 2010 COMMISSIONER OF CENTRAL EXCISE, JALANDHAR...PETITIONER VERSUS M/S TRIVENI UNDERTAKING ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. PRESENT: MR. KAMAL SEHGAL, SR.STANDING COUNSEL FOR THE APPELLANT. NONE FOR THE RESPONDENT. ASHUTOSH MOHUNTA, J.(ORAL) In this case, notice of motion was issued on 17.1.2006. Since then, the respondent-assessee has not been served despite opportunities granted. We are satisfied that the appellant is not pursuing the case diligently. As almost 4 years have elapsed since the issuance of notice of motion and service not has been effected upon the respondent-assessee, therefore, we dismiss this petition for non-prosecution. However, it will be open to the appellant to have the matter revived as and when correct address of the respondent-assessee is ascertained and is given. (ASHUTOSH MOHUNTA) JUDGE April 7, 2010 (MEHINDER SINGH SULLAR) Gulati JUDGE