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Judgment
K. Kannan, J. (Oral) - The appeal is posted for hearing for final disposal. In a fire accident that took place on 31.1.2011 many of the files in the MACT Section were burnt. The matter was widely reported in Press and the Registry has also circulated appeals to the counsel appearing on behalf of the parties in the MACT cases to furnish the copies and assist the Court in re-constructing the files. A committee was also constituted by the High Court and provided for presentation of copies of the paper books to help the Court reconstruct the files. The file which is now brought is one such reconstructed file.
In some cases where no information was available as regards the counsel, notice had been sent to the parties at the address available in the Registry. In some cases even such notices could not be given for want of information about the details of address of parties.
Under normal circumstances it is expected that the counsel who is representing a party still has the details of all the cases entrusted to him, irrespective of the fact that the original files were lost from Court''s custody. When cases are brought for hearing with the counsel''s name present, it is only expected that the representation shall be made by the counsel on behalf of the party to proceed with the case. There is no representation for the appellant in spite of the fact that the name of the counsel is printed in the cause title.
The appeal is dismissed for default of appearance and non-prosecution.
Copy of the order may be dispatched to the parties/counsel whose name appear in the cause title.