Hyeong Gi Kim v. Hari Chand Anand & Co

#17 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1759/2013 HYEONG GI KIM ..... Plaintiff Through Mr. Amit Bansal, Advocate versus HARI CHAND ANAND & CO ..... Defendant Through Ms. Mamta R. Jha with Mr. Manish Kumar Mishra, Advocates

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.08.2017 I.A. 17699/2015 Present application has been filed by the learned counsel for the plaintiff seeking discharge on the ground that he is receiving no instructions. A perusal of the order sheet reveals that the notice of the present application has been served through e-mail upon the plaintiff as per the affidavit of service filed.

Moreover, for the last nearly two years the matter is being repeatedly adjourned as the plaintiff is not pursuing the case. Consequently, present application is allowed and the counsel for the plaintiff is discharged.

CS(OS) 1759/2013 & CRL.M.A. 2053/2014, I.A. 14565/2013 Since none has appeared for the plaintiff, the present suit and pending applications are dismissed in default and on account of non-prosecution. C.C. 10/2015 Learned counsel for the defendant/counter claimant states that in view of the dismissal of the present suit, she does not wish to press the counterclaim at this stage. She, however, states that in the event the plaintiff asserts its claim in future, the defendant may be granted liberty to press the counterclaim at that stage. With the aforesaid liberty, present counter-claim stands disposed of. MANMOHAN, J AUGUST 31, 2017 rn