M/S. AMRUTLAL AND COMPANY v. M/S. RANKIDAS IMPEX P LTD

Delhi High Court · 28 Jul 2016 · 2016:DHC:5326
Hima Kohli
EX.P. 267/2007
2016:DHC:5326
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed an execution petition for non-prosecution due to the Decree Holder's failure to appear despite court notice.

Full Text
Translation output
HIGH COURT OF DELHI
EX.P. 267/2007
M/S. AMRUTLAL AND COMPANY ..... Decree Holder
Through None
VERSUS
M/S. RANKIDAS IMPEX P LTD ..... Judgement Debtor
Through Mr.Kawal Nain and Ms.Kavita Batra, Advocates
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 28.07.2016
JUDGMENT

1. Vide order dated 25.7.2013, the present execution petition was adjourned sine die with liberty granted to the parties to mention the same for listing. Subsequently, vide order dated 29.2.2016, court notice was issued to the counsels for the parties returnable on 10.5.2016.

2. As per the office report, court notice was duly served on the counsels for the Decree Holder and Judgment Debtor whereafter, the Judgment Debtor had appeared through counsel on 10.5.2016, but none was present on behalf of the Decree Holder. The position remains the same today. None is present on behalf of the Decree Holder.

3. As none has been appearing on behalf of the Decree Holder despite court notice being issued to this Court assumes that it is not interested in prosecuting the present petition, which is accordingly dismissed in default and for non-prosecution. HIMA KOHLI, J JULY 28, 2016