P.P. Jewellers v. P.P. Buildwell Pvt. Ltd.

Delhi High Court · 01 Oct 2015 · 2015:DHC:8272
Hima Kohli
CS(OS) 19/2005 and CS(OS) 604/2008
2015:DHC:8272
civil appeal_dismissed

AI Summary

The Delhi High Court allowed the plaintiff's counsel to be discharged due to non-cooperation by the plaintiff and dismissed the suits for default and non-prosecution.

Full Text
Translation output
CS(OS)19/2005 and 604/2008
HIGH COURT OF DELHI
CS(OS) 19/2005
P.P.JEWELLERS ..... Plaintiff
Through: Mr. K.K. Nangia, Advocate
VERSUS
P.P.BUILDWELL PVT. LTD. AC+ ..... Defendant
Through: Mr. Amit Jain, Advocate
CS(OS) 604/2008
P.P. JEWELLERS PVT LTD ..... Plaintiff
Through: Mr. K.K. Nangia, Advocate
VERSUS
P.P. PRIME PROPERTIES & PROMOTERS (P) LTD..... Defendant
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 01.10.2015
I.A. 20855/2015 in CS(OS) 19/2005 and I.A. 20833/2015 in
CS(OS) 604/2008 (by the counsel for the plaintiff u/S 151 CPC for seeking discharge)
JUDGMENT

1. The present applications have been filed by the counsel for the plaintiff praying inter alia that he be discharged from the present cases.

2. Learned counsel states that despite several reminders issued to the plaintiff, he has not been receiving any instructions from them. 2015:DHC:8272 CS(OS)19/2005 and 604/2008 Copies of the e-mails addressed to the plaintiff have been enclosed with the present applications as Annexure-A (colly). The last e-mail is dated 16.09.2015. Learned counsel states that despite the same, he has not been receiving any instructions from his clients.

3. Issue notice.

4. Counsel for the defendant in CS(OS) 19/2005 accepts notice and states that he does not wish to oppose the prayer made in the application.

5. The present applications are allowed. Counsel for the plaintiff is discharged from the present cases.

6. The applications are disposed of. CS(OS) 19/2005 and CS(OS) 604/2008 In view of the fact that the plaintiff has not been pursuing the present suits and despite notices issued by the counsel for the plaintiff, the plaintiff has not contacted the counsel, it appears that the plaintiff does not wish to prosecute the present suits, which are dismissed in default and for non-prosecution. HIMA KOHLI, J OCTOBER 01, 2015 rkb