M/S Jas Venture & ANR v. Punjab National Bank

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 691/2019 and CM APPL. 34181/2019 M/S JAS VENTURE & ANR .....Appellants Through:

None.

versus PUNJAB NATIONAL BANK .....Respondent Through:

Mr. M. Hasibuddin, Advocate for Respondent/PNB.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 07.03.2025 1.

This appeal is preferred on behalf of the Appellants challenging impugned judgment/decree dated 20.04.2019 passed by the learned Trial Court in CS No. 1071/2018, titled 'Punjab National Bank v. M/s. Jas Venture and Another'.

2.

Order sheets indicate that on 10.12.2024, there was no appearance on behalf of the parties and as noted by the Court the same position prevailed on the earlier two dates, i.e. 18.08.2023 and 13.09.2024. In the interest of justice, Court notice was issued to the parties at the addresses mentioned in the memo of parties as also to learned counsels for the parties on record. On the next date, i.e. 04.02.2025, counsel appeared on behalf of the Respondent but there was no appearance on behalf of the Appellants and the service report of Court notice was awaited. Fresh Court notice was issued to the Appellants through all permissible modes returnable for today. RFA 691/2019 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 01/07/2025 at 17:23:17

3.

As per office report, Appellants are not available at the addresses given in the memo of parties. However, counsel for the Respondent submits that Appellants have not diligently prosecuted the appeal and even assuming there was a change in addresses, it was their obligation to have intimated the correct addresses by filing an appropriate application and/or intimating their counsel so as to update the record. It is urged that the appeal be dismissed. 4.

Order sheets indicate that Appellants have not diligently prosecuted the appeal and as rightly submitted by counsel for the Respondent, they have been negligent in not intimating the change of addresses, if any. I am of the view Appellants are no longer interested in prosecuting the appeal and the same is accordingly dismissed for non-prosecution and in default. 5.

Pending application stands disposed of.

JYOTI SINGH, J MARCH 7, 2025 B.S. Rohella/shivam RFA 691/2019 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 01/07/2025 at 17:23:17