Subhash Chander Chopra v. Radhey Sham Anand & Ors.

Delhi High Court · 29 Apr 2015 · 2015:DHC:3888
Hima Kohli
CS(OS) 890/2015
2015:DHC:3888
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the civil suit for non-prosecution and default where the plaintiff failed to comply with court directions and did not appear, despite the suit being governed by an arbitration clause.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 890/2015
SUBHASH CHANDER CHOPRA ..... Plaintiff
Through None
VERSUS
RADHEY SHAM ANAND & ORS. .... Defendants
Through None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 29.04.2015
JUDGMENT

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

2. On 6.4.2015, counsel for the plaintiff was directed to address arguments on the maintainability of the present suit, as it was noticed that there is an arbitration clause governing the parties, contained in the Agreement to Sell dated 23.12.2011. Counsel for the plaintiff had also sought an adjournment to file copies of the legal notices issued by the plaintiff to the defendants, apart from other relevant documents. Compliance has not been made so far.

3. It appears that the plaintiff is not interested in prosecuting the present suit, which is accordingly dismissed in default as well as for non-prosecution. HIMA KOHLI, J APRIL 29, 2015