M/S BGH EXIM LTD v. M/S KASIM COAL & LOGISTICS

Delhi High Court · 02 Mar 2016 · 2016:DHC:8458
R.K. Gauba
CS(COMM) 635/2016
2016:DHC:8458
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed a commercial recovery suit in default due to the plaintiff's non-appearance and failure to comply with court orders.

Full Text
Translation output
$-21 HIGH COURT OF DELHI
CS(COMM) 635/2016
M/S BGH EXIM LTD Plaintiff
Through: None
VERSUS
M/S KASIM COAL & LOGISTICS Defendant
Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER o/„ 30.09.2016
Inspite ofthe matter being passed over twice earlier, no one has appeared for the plaintiff till this hour in the afternoon. It is noted that the plaintiffhad not appeared before the Joint Registrar when the matter was taken up in the first instance by him on the last date.
The suit is dismissed in default. The file be consigned to record room.
SEPTEMBER 30,2016 yg .GAum, J 2016:DHC:8458 I
$-14 HIGH COURT OF DELHI
CS(OS) 300/2010
M/S BGH EXIM LTD Plaintiff
Through None,
VERSUS
M/S KASIM COAL & LOGISTICS Defendant
Through Mr. Pradeep Kumar & Mr. Umesh Kumar, Advs.
CORAM:
ASHUTOSH KUMAR (DHJS), JOINT REGISTRAR (JUDICIAL)
02.03.2016
CS(OS) 300/2010
Since it is abusiness recovery suitipalue of above one crore, therefore, the same is a commercial dispute as per Commercial
Courts, Commercial Appellate Division of High Courts Act, 2015.
Accordingly registry is directed to re-register the present suit as commercial suit.
As per office note, list of witnesses and affidavit by way of evidence has been filed by both the parties.
However neither any witness on behalf of plaintiff is present nor previous cost of Rs.30000/- has been paid by plaintiff to the defendant and even learned counsel for plaintiff is not present to explain in this regard.
Accordingly, list the matter before the Elon'ble Court on date already fixed there i.e. 26.05.2016, for further directions. »
ASHUTOSH KUMAR (DHJS)
JOINT REGISTRAR (JUDICIAL)
MARCH 02, 2016/ab s /j c,A err)
2016:DHC:8458
JUDGMENT