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$-49 HIGH COURT OF DELHI
TR.P.(CRL.)53/2015
RSBUILTWELLPVTLTD Petitioner
Through: Mr.Ajay Kalra,Advocate
TR.P.(CRL.)53/2015
RSBUILTWELLPVTLTD Petitioner
Through: Mr.Ajay Kalra,Advocate
VERSUS
SMTSEEMA GARG Respondent
Through: None
Through: None
CORAM;
HON'BLE MR.JUSTICESIDDHARTH MRIDUL
0/„ 30.11.2015
Thepresentcase hasbeen listed on an office note.
A perusal ofthe office note reveals thatthe presentcase has been lying under objectionssince 25.10.2013.
The counsel who has instituted this case has been informed/reminded orally to collect the said matter and re-file the same after removing the objections. However,thesamehasnotbeen done.
The Chapter-1, Part A (a)Rule-5 ofthe Delhi High Court Rules and
Orders,Volume-V provides as under:- "5. TheDeputyRegistrar/AssistantRegistrar,In-chargeofthe
Filing counter, may specify the objections(a copy of which will be keptfor the Court Record)and return for amendment and re-filing within atime notexceeding7days at atime and
30daysinthe aggregatetobefixed by him,any memorandum ofappeal,forthereasonspecified in Order XLI,Rule3,Civil
Procedure Code.
0/„ 30.11.2015
Thepresentcase hasbeen listed on an office note.
A perusal ofthe office note reveals thatthe presentcase has been lying under objectionssince 25.10.2013.
The counsel who has instituted this case has been informed/reminded orally to collect the said matter and re-file the same after removing the objections. However,thesamehasnotbeen done.
The Chapter-1, Part A (a)Rule-5 ofthe Delhi High Court Rules and
Orders,Volume-V provides as under:- "5. TheDeputyRegistrar/AssistantRegistrar,In-chargeofthe
Filing counter, may specify the objections(a copy of which will be keptfor the Court Record)and return for amendment and re-filing within atime notexceeding7days at atime and
30daysinthe aggregatetobefixed by him,any memorandum ofappeal,forthereasonspecified in Order XLI,Rule3,Civil
Procedure Code.
ORDER
(2) If the memorandum of appeal is not taken back tor amendment within the time allowed by the Deputy under sub-rule(1), it shall be registered and listed before the Courtfor its dismissalfor non-prosecution. (3)If the memorandum of appeal is filed beyond the time 2015:DHC:11806 allowed bytheDeputy Registrar/AssistantRegistrar,In-charge ofthe Filing Counter,undersub-rule(1)itshall be considered as fresh institution. A perusalofthesaidrule revealsthatifthe petition is nottaken backfor amendment,itshallberegistered andlistedbeforethe Courtforits dismissalfor non-proseeution. In view of the foregoing, the present petition is dismissed for nonproseeution and disposed ofaccordingly. ^ SIDMARTHMRIDUL,J NOVEMBER 30,2015 U dn " V