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High Court of DelhiRFA/371/2010

World Fashion Trade Ltd & ANR v. Gopal Clothing Company Pvt Ltd & ORS

2024-12-17Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~R-120 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 371/2010 WORLD FASHION TRADE LTD & ANR .....Appellants Through:

None.

versus GOPAL CLOTHING COMPANY PVT LTD & ORS .....Respondents Through:

Ms.Shivangi Bajpai, Advocates for R1.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 17.12.2024 1.

There is no representation on behalf of the appellants. 2.

Learned counsel appearing on behalf of the respondents contends that on account of the stay, the money deposited by the appellants could not be released in favour of the respondents despite the decree being passed in their favour.

3.

It is noted that none has appeared for the appellants despite the matter being called out on various dates i.e., 29.11.2024, 04.12.2024 and 11.12.2024. This is the fourth consecutive date when no one appears on behalf of the appellants.

4.

The daily cause list published on the website of this Court clearly reflects a note for advocates and litigants that regular matters mentioned in the cause list shall be taken up after the supplementary and advance list is over. The physical display Board of this Court as well as the virtual display 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 03/07/2025 at 05:22:46

Board also clearly reflects that regular matters are being called and taken up for hearing.

5.

Despite the aforesaid, it is disheartening to see that for the matters listed in the regular list, neither the advocates nor the litigants are appearing before this Court.

6.

The Court cannot be oblivious of the fact that due to the repeated listing of these cases, wherein, no one appears to pursue the matter, sufficient judicial time and resources are utilized which can effectively and thoughtfully be used for the cases wherein pressing issues of indispensable importance are canvassed before this Court. Because of repeated listing of these cases, the other cases are not being called out, causing significant prejudice to the litigants.

7.

Be that as it may, this is the fourth consecutive date when the appellant has not appeared to pursue this case. 8.

Therefore, since none appeared on behalf of the appellant, the instant appeal is dismissed for want of prosecution.

9.

The amount deposited by the appellants is directed to be released in favour of the respondents upon due verification by the Registry. PURUSHAINDRA KUMAR KAURAV, J DECEMBER 17, 2024 Nc/sp 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 03/07/2025 at 05:22:46