National Insurance Co Ltd & Anr v. OM Logistics Ltd

Delhi High Court · 06 May 2015 · 2015:DHC:4128
Hima Kohli
CS(OS) 1925/2010
2015:DHC:4128
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the civil suit for default and nonprosecution due to the plaintiffs' failure to appear and file evidence despite being granted time.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 1925/2010
NATIONAL INSURANCE CO LTD & ANR ..... Plaintiffs
Through: None
VERSUS
OM LOGISTICS LTD ..... Defendant
Through: Ms. Mahe Zehra, Advocate for Mr. Arun Aggarwal, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 06.05.2015
JUDGMENT

1. The case was passed over on the first call as none was present on behalf of the plaintiffs. Same is the position on the second call.

2. The Joint Registrar has recorded in the order dated 13.04.2015 that the plaintiffs have neither filed the list of witnesses nor has the affidavit by way of evidence been filed. A perusal of the record reveals that issues were framed in the suit on 06.12.2013 and on the said date, the plaintiffs were granted time to file the list of witnesses and the affidavit by way of evidence. However, the plaintiffs have not taken any steps in that regard.

3. It appears that the plaintiffs are not interested in prosecuting the present suit, which is accordingly dismissed in default and for nonprosecution. HIMA KOHLI, J MAY 06, 2015 rkb