Rohit Bhatia v. Mr. Brij Mohan Bhatia

Delhi High Court · 18 Feb 2015 · 2015:DHC:10546
Najmi Waziri
EX.P. 228/2008, Ex. AppL(OS) 268/2008
2015:DHC:10546
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the execution petition for non-prosecution due to the Decree Holder's continuous failure to appear and file evidence despite repeated opportunities.

Full Text
Translation output
HIGH COURT OF DELHI
EX.P. 228/2008, Ex. AppL(OS) 268/2008
ROHIT BHATIA Decree Holder
Through: None.
VERSUS
MR. BRIJ MOHAN BHATIA Judgement Debtor
Through: Mr. Mohan Vidhani with Mr. Rahul Vidhani, Mr. Ashish Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
18.02.2015 None appears for the Decree Holder (DH). None appeared for the DH in the forenoon session despite the matter being passed over twice. On 16.09.2014, the learned J.R. had observed that the DH's evidence has been pending since long. Indeed, the DH had not even filed affidavits in evidence despite grant of ample opportunities in this regard. Neither the DH nor his Authorized Representative had appeared to pursue the case and the matter was dismissed-in-default on 29.04.2011.
None has been appearing for the DH since 07.08.20 13 despite the case being listed on 191h December, 2013, 24th April, 2014 and
September, 2014 thereafter.
There is no reason why this case should be kept on Board. It is accordingly, dismissed for non-prosecution.
NAAZIRI, J FEBRUARY 18, 2015 $-12 2015:DHC:10546
JUDGMENT