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High Court of DelhiCS(OS)/2571/1997

M/S Vijay Wires And Filenast P Ltd. v. M/S Sylvania And Laxman Ltd. Cd+

2016-10-20Hon'Ble Mr. Justice Rajiv Sahai Endlaw1 pages

$~25.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.2571/1997 M/S VIJAY WIRES AND FILAMENTS PVT. LTD. ..... Plaintiff Through:

None.

versus M/S SYLVANIA AND LAXMAN LTD.

..... Defendant Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 20.10.2016 1.

The file has been taken up post court hours at 1650 hours. 2.

None appears.

3.

A perusal of the file shows that the proceedings in this suit for recovery of Rs.70,23,903.18p with interest were vide order dated 9th August, 2010 adjourned sine die owing to the counsels for the parties though stating that the disputes subject matter of the suit had been compromised in Company Petition No.285/1996 but seeking adjournment on the ground that the settlement had not been acted upon. Liberty was granted to the parties to apply for revival of the suit as and when the settlement was finally acted upon. 4.

Neither party applied for revival and the Registry of this court on its own, on 30th September, 2015, listed the suit when none appeared for either of the parties. Court notice was ordered to be issued. Though the court notice is reported to have been served on the counsel for the plaintiff as well as the counsel for the defendant but still none appeared before this Court on 8th February, 2016 as well as on 27th July, 2016.

5.

I may in this regard also notice that the matter has been shown in the cause list with the names of the counsels.

6.

Dismissed in default.

No costs.

RAJIV SAHAI ENDLAW, J OCTOBER 20, 2016/'pp'..