1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.352 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Rohan Dharandale i/b Mr Rajesh S Datar, for the appellant. Mr Vaibhav Patankar i/b Shri R.S.Apte, for respondent nos 1 to 3, 4(2) to 4(8) CORAM: D.B.BHOSALE AND R.Y.GANOO, JJ. DATE : 02/03/2010 PC: Heard learned counsel for the parties. On 15.1.2010 we passed the following order. “Mr Datar, learned counsel for the appellants, submits that he desires to take discharge in the matter, since he is not getting any response from the appellant. He submits that he has already informed the appellant by his letter about the order passed on 17.1.2009, by which this court had directed the appellant to file private paper book. Even to this letter, so far he has not received any response/reply. He seeks further two weeks time to complete T 2 the formalities for taking discharge in the matter.” Today, Mr Dharandale, learned counsel holding for Mr Datar, the advocate on record, submits that they are not getting any response from the appellant. Learned Advocate on record has not followed the due procedure for seeking discharge in the matter till this date. It appears that with the passage of time the appellant has lost interest in prosecuting this appeal further and hence there is no communication between him and the learned Advocate on record. Hence, we are constrained to dismiss this appeal for non prosecution. Order accordingly. (R.Y.GANOO, J.) (D.B.BHOSALE, J.) 3