M/S MGF (I) LTD. v. M/S PS JAIN CO. LTD.

1. The present suit has been placed before the Court by the Registry.

2. A perusal of the order sheets reveals that the plaintiff had instituted the present suit in the year 1989, under Section 20 of the Indian Arbitration Act, 1940 paying inter alia that the dispute between the parties may be referred to a Sole Arbitrator named in the Hire Purchase Agreement dated 10.9.1986. Evidence was concluded in the suit on 25.5.1999, whereafter arguments were to be addressed by the parties. However, the records reveal that at the request of counsels for the parties, the case was adjourned on several dates. Finally, on 24.3.2003, counsel for the defendants had stated that the suit against the defendant No.2 had abated. In view of the said submission, counsel for the plaintiff had sought time to obtain instructions from her 2015:DHC:8431 CS(OS) 3231/1989 client as to whether it proposed to give up defendant No.2 from the array of respondents. Thereafter, the case has not been listed before the Court. Nor have any of the parties approached the Court for seeking revival of the suit.

3. It appears that the plaintiff is not interested in prosecuting the present suit, which has remained pending for the last twelve years. Accordingly, the same is disposed of, with liberty granted to the parties to seek revival of the proceedings, if necessary. Such an application when filed, shall be considered and decided in accordance with law. HIMA KOHLI, J OCTOBER 07, 2015 sk