While the matter was pending before the Hon’ble High Court of Delhi, the learned counsel for the first respondent filed IA/104/2000 for discharging him from the case and the High Court directed notice to the applicant. By endorsement dated 20.11.2001 from the High Court, it is seen that the notice sent to the applicant returned un-served with the endorsement ‘Locked’. Fresh notice was ordered by the High Court on 4.11.2003, the service of which could not be affected. The notice send from the Registry of the Appellate Board to the applicant also returned with remarks that ‘Galaxy Footwear is closed for long’, who is the applicant herein. In view of the same, no option is left to us but to dismiss the TRA/108/2004/TM/DEL for non-prosecution. Accordingly, the same is dismissed.