IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR FIRST APPEALNO.32/1998 MOOLCHAND HEMRAJ BHAIYA ..V.S.M/S DALMIA DAIRY INDUSTRIES & ORS Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 29/7/2010 Notice was issued to the appellant and the respondents by this court by the order dated 6.5.2010 after this matter was remitted from the District Court to this court. The notice could not be served on the appellant as he was reported to be dead, as per the ballifs report. Shri B.N. Mohta, the learned counsel who was previously appearing in the matter before the matter was remitted to the District Court had sought for time on 6.7.2010 to seek some instructions from the legal heirs of the appellant. The learned counsel Shri B.N. Mohta, however, states that he is unable to contact the legal heirs of the appellant inspite of his best efforts. In such circumstances, it appears that the matter can not be prosecuted any further. The first appeal is therefore, dismissed with no order as to costs. JUDGE SMP.