Yuvarglo Luxury Retail Private Limited v. Dlf Emporio Limited

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 59/2024 & I.A. 1475/2024 I.A. 1477-1478/2024 YUVARGLO LUXURY RETAIL PRIVATE LIMITED .....Plaintiff Through:

Ms. Akshaya Ganpath, Mr. Nikhil Kohli and Ms. Saumya Tiwari, Advocates versus DLF EMPORIO LIMITED .....Defendant Through:

Ms.

Meghna Mishra and Ms.

Yashodhara Gupta, Advs.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 19.03.2025 1.

Learned counsel for the defendant states that the plaintiff has failed to deposit the Court fees as undertaken vide order dated 24.10.2024. 2.

Learned counsel for the plaintiff states that the Court fees could not be deposited as the plaintiff is considering and deliberating over the reliefs it seeks against the defendant; and this may require amendment of the plaint as well as fresh valuation of the reliefs.

3.

This Court is not satisfied with the explanation offered by the plaintiff, for this wilfull default in deposit of the Court fees. 4.

The suit was filed on 10.10.2023 and an application for seeking extension of time for depositing the Court fees was filed, which was numbered as I.A. 1477/2024. On 24.10.2024, the plaintiff sought two (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 22/03/2025 at 17:43:59

weeks' time to deposit the Court fees, which was granted and the application stood disposed of. The two (2) weeks expired on 07.11.2024. The plaintiff willfully failed to deposit the Court fees within the time granted. The plaintiff has been granted sufficient time of over 18 months in this suit and there is no justification for further extending this time. 5.

The suit is accordingly rejected under Order VII Rule 11(c) Code of Civil Procedure, 1908 (CPC).

6.

The rights of the plaintiff, if any, against the defendant; in case the plaintiff chooses to file fresh suit shall be decided in accordance with law. 7.

The suit is dismissed and the pending applications stand disposed of. MANMEET PRITAM SINGH ARORA, J MARCH 19, 2025/hp Click here to check corrigendum, if any 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 22/03/2025 at 17:43:59