SMC Pneumatics (India) Pvt. Ltd. & Anr. v. Jogesh Kwatra

Delhi High Court · 23 Sep 2016 · 2016:DHC:6729
Hima Kohli
RFA 268/2014
2016:DHC:6729
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal for default and non-prosecution after the appellant failed to appear and expressed intention to withdraw the appeal following the respondent's death.

Full Text
Translation output
HIGH COURT OF DELHI
RFA 268/2014
SMC PNEUMATICS (INDIA) PVT. LTD. & ANR...... Appellants
Through : None.
VERSUS
JOGESH KWATRA ..... Respondent
Through : Mr. Munish Kumar Singh, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 23.09.2016
JUDGMENT

1. The case was passed over on the first call as none was present for the appellant. At that stage, counsel for the respondent had drawn the attention of the Court to the statement made by Mr. Rajesh Chanana, Authorized Representative of the appellant company before the Joint Registrar on 14.9.2016 to the effect that since the respondent has expired, the appellant intends to withdraw the present appeal. In view of the submission made by the counsels for the parties, the Joint Registrar has placed the matter before this Court.

2. On the second call, the position remains the same. It is 3.15 PM, but none is present for the appellant.

3. It appears that the appellant is not interested in prosecuting the present appeal, which is accordingly dismissed in default and for nonprosecution. HIMA KOHLI, J SEPTEMBER 23, 2016/sk/rkb