Chaitanya Energy Private Limited v. Santoshi Hyvolt Electricals Pvt Ltd & ANR.
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 314/2023 I.A. 9510/2023 I.A. 20650/2023 I.A. 20651/2023 I.A. 4036/2024 CHAITANYA ENERGY PRIVATE LIMITED .....Plaintiff Through:
Mr. Aarsheya Sharda, Adv. (VC) versus SANTOSHI HYVOLT ELECTRICALS PVT LTD & ANR.
.....Defendants Through:
Mr. Yogesth Mittal, Mr. Aditya Gupta & Ms. Mahima Adhikari, Advocates
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 04.03.2025 1.
Mr. Aarsheya Sharda, Advocate for plaintiff, who appears through VC, seeks discharge in the matter since he has no instructions in the matter. 2.
Considering there has been no appearance on behalf of plaintiff for the last two dates and by previous order dated 10th December 2024, it was clarified if there is no appearance on behalf of the plaintiff on the next date of hearing, the suit shall be dismissed for non-prosecution. 3.
In light of these facts, the suit is dismissed for non-prosecution. 4.
At this stage, counsel for defendants has drawn attention to order date 16th May 2023, an ad interim injunction was passed restraining defendant no.2 not to act upon the letter dated 9th May 2023 by which BG bearing No. 02687IG220000014 had been stayed.
5.
Counsel for defendants states that the said BG has since expired on 22nd February 2024 and pleads for directions to the concerned bank for 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 01/07/2025 at 11:21:54
revalidate the said BG in light of dismissal of the suit. 6.
Accordingly, the Manager, Indian Bank is directed to extend the validity of the BG to enable the defendants to take further steps. 7.
Considering the dismissal of the suit, ad interim stay also stands vacated.
8.
Order be uploaded on the website of this Court. ANISH DAYAL, J MARCH 4, 2025/sm 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 01/07/2025 at 11:21:54