DINSON INDIA (P) LTD. v. J.K.DAIRY & FOOD LTD.

Delhi High Court · 10 Aug 2015 · 2015:DHC:6418
Hima Kohli
CS(OS) 1467/2007
2015:DHC:6418
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the plaintiff's suit in default and for non-prosecution due to prolonged inaction and failure to appear on hearing dates.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 1467/2007
DINSON INDIA (P) LTD. ..... Plaintiff
Through: None
VERSUS
J.K.DAIRY & FOOD LTD. ..... Defendant
Through: Mr. A.K.Thakur, Mr.R.K.Mishra & Mr.Sidharth Singh, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 10.08.2015
JUDGMENT

1. The suit has been placed before the court by the Joint Registrar who had recorded in the order dated 20.4.2015 that the plaintiff has not been prosecuting the suit for some time. Even the costs imposed on the plaintiff vide order dated 10.2.2015, were not deposited. In five years, the plaintiff failed to conclude the evidence.

2. The matter was passed over on the first call as none was present on behalf of the plaintiff. Same is the position on the second call.

3. It appears that the plaintiff is not interested in prosecuting the present suit, which is accordingly dismissed in default and for non-prosecution. HIMA KOHLI, J AUGUST 10, 2015 mk