P.P. Jewellers Pvt Ltd v. P.P. Prime Properties & Promoters (P) Ltd

$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 19/2005 P.P.JEWELLERS ..... Plaintiff Through: Mr. K.K. Nangia, Advocate versus P.P.BUILDWELL PVT. LTD. AC+ ..... Defendant Through: Mr. Amit Jain, Advocate + CS(OS) 604/2008 P.P. JEWELLERS PVT LTD ..... Plaintiff Through: Mr. K.K. Nangia, Advocate versus P.P. PRIME PROPERTIES & PROMOTERS (P) LTD..... Defendant Through: None

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 01.10.2015 I.A. 20855/2015 in CS(OS) 19/2005 and I.A. 20833/2015 in CS(OS) 604/2008 (by the counsel for the plaintiff u/S 151 CPC for seeking discharge) 1.

The present applications have been filed by the counsel for the plaintiff praying inter alia that he be discharged from the present cases.

2.

Learned counsel states that despite several reminders issued to the plaintiff, he has not been receiving any instructions from them. CS(OS)19/2005 and 604/2008 Page 1 of 2

Copies of the e-mails addressed to the plaintiff have been enclosed with the present applications as Annexure-A (colly). The last e-mail is dated 16.09.2015. Learned counsel states that despite the same, he has not been receiving any instructions from his clients. 3.

Issue notice.

4.

Counsel for the defendant in CS(OS) 19/2005 accepts notice and states that he does not wish to oppose the prayer made in the application.

5.

The present applications are allowed. Counsel for the plaintiff is discharged from the present cases.

6.

The applications are disposed of.

CS(OS) 19/2005 and CS(OS) 604/2008 In view of the fact that the plaintiff has not been pursuing the present suits and despite notices issued by the counsel for the plaintiff, the plaintiff has not contacted the counsel, it appears that the plaintiff does not wish to prosecute the present suits, which are dismissed in default and for non-prosecution. HIMA KOHLI, J OCTOBER 01, 2015 rkb CS(OS)19/2005 and 604/2008 Page 2 of 2