Tendril Financial Services Pvt. Ltd. And ORS. v. Namedi Leasing & Finance Ltd. & ORS.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2281/2006, IA No.6907/2018 TENDRIL FINANCIAL SERVICES PVT. LTD. AND ORS. ..... Plaintiffs Through : Mr.Rahul Srivastava, Adv.

versus NAMEDI LEASING & FINANCE LTD. & ORS.

..... Defendants Through : Mr.Abhishek Puri and Mr.Yasharth Misra, Advs. for D-1 to 4 Mr.Tarun Singh and Mr.K.C.Joshi, Advs. for D-7

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 12.10.2018 The matter is referred by the Joint Registrar since the plaintiff has not been able to produce and examine his witnesses. Learned counsel for the defendant has referred to an order dated 21st May, 2018 where it is noted though the suit was listed for evidence of the plaintiffs on 5th April, 2018 when no witness of the plaintiffs was present and the plaintiff was provided yet another opportunity to lead evidence subject to costs of 1 lac. It is admitted by learned counsel for the plaintiff the cost has not been deposited yet. Even on 12th July, 2018 none of the witness on behalf of the plaintiff was either present and examined, hence, in these circumstances, the evidence of the plaintiff stands closed. There is no

need to continue with this suit and hence it is dismissed, subject to cost to be paid to the defendant.

The memo of cost be filed within two weeks from today. YOGESH KHANNA, J OCTOBER 12, 2018 VLD