M/S Red Prints Pvt Ltd v. Avinash Goel

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 554/2018, CC(COMM) 5/2018, I.As. 13014/2014 & 25897/2014 M/S RED PRINTS PVT LTD ..... Plaintiff Through:

None.

versus AVINASH GOEL ..... Defendant Through:

Ms.

Sweta Badola, Advocate.

(M:9868035179)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 04.10.2018 1.

It is noticed from the order sheets that the affidavits of admission and denial have not been filed for the last few hearings. On 30th August, 2017, the learned Joint Registrar had noted that the counsel for the Plaintiff has not received any instructions from the Plaintiff. On 12th December, 2017, last opportunity was granted for filing of affidavits of admission and denial. 2.

Again on 5th March, 2018, counsel for Plaintiff had stated that he wishes to seek discharge in the matter and an application was filed being I.A.6360/2018. Notice to the Plaintiff was issued in this application. On 19th September, 2018, Mr. Aman Mongia, authorized representative of the Plaintiff company, had appeared before the Court and submitted that he has no objection to the counsel being discharged. On the said date, the said representative had also submitted to the Joint Registrar that the Plaintiff wishes to withdraw the present suit and that an appropriate application in

this regard would be filed.

3.

The matter has been listed before Court. No application for withdrawal of suit has been filed. However, it is clear from a perusal of all the order sheets that the Plaintiff is not interested in prosecuting the matter. 4.

Accordingly, the present suit is dismissed for non-prosecution. PRATHIBA M. SINGH, J.

OCTOBER 04, 2018 Rekha