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High Court of DelhiCS(OS)/112/2023

Tej Kohli v. Nilofar Ipninder Singh & ORS.

2024-10-16Hon'Ble Ms. Justice Manmeet Pritam Singh Arora2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 112/2023 & I.A. 3022/2023 TEJ KOHLI .....Plaintiff Through:

None versus NILOFAR IPNINDER SINGH & ORS.

.....Defendants Through:

None

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 16.10.2024 1.

None appears on behalf of the plaintiff.

2.

It is already 02:40 P.M.

3.

This Court vide order dated 08.08.2024 had observed that the plaintiff has not been diligent in prosecuting the suit. The order dated 08.08.2024 reads as under:- "$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 112/2023 & I.A. 3022/2023 TEJ KOHLI .....Plaintiff Through:

Ms.

Shalini Jolly, Advocate (through VC) versus NILOFAR IPNINDER SINGH & ORS.

.....Defendants Through:

None

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 08.08.2024

1. There is a request for adjournment on behalf of the plaintiff.

2. It is observed from the record that an interim order has been passed in favour of the plaintiff on 15.02.2023. The plaintiff has thereafter failed to CS(OS) 112/2023 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 22:33:51

take steps for issuance of summons on the defendants.

3. By way of last opportunity, the matter is adjourned to 16.10.2024.

4. It is made clear that if before the next date of hearing, the service of summons is not affected on the defendants, the interim order dated 15.02.2023 shall stand vacated.

5. The plaintiff is directed to take steps for service of summons on the defendants through all permissible modes. Affidavit of service be filed within two weeks.

6. List on 16.10.2024.

MANMEET PRITAM SINGH ARORA, J AUGUST 8, 2024/msh/MG"

(Emphasis supplied) 4.

The non-appearance on behalf of the plaintiff today is therefore, not bona fide.

5.

In addition, the Registry has reported that no process fee has been filed in the present suit and therefore, summons could not be issued to the defendants.

6.

Despite last opportunity given to the plaintiff vide order dated 08.08.2024, the plaintiff has not taken steps in this matter. 7.

It is thus apparent that the plaintiff is not interested in prosecuting the suit.

8.

Accordingly, the interim order dated 15.02.2023 is hereby vacated and the suit is dismissed for non-prosecution. 9.

Pending application, if any, stands disposed of. 10.

All future dates stand cancelled.

MANMEET PRITAM SINGH ARORA, J OCTOBER 16, 2024/rhc/MG CS(OS) 112/2023 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 22:33:51