Sujan Marketing Private Limited v. Shamken Spinners Ltd

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 136/2016, EA No.225/2018(u/O.IX R.7 CPC) & EA No.226/2018(for condonation of 226 days delay in filing EA No.225/2018) SUJAN MARKETING PRIVATE LIMITED ..... Decree Holder Through:

Mr. Vipul Tiwari, Adv.

Versus

SHAMKEN SPINNERS LTD ..... Judgement Debtor Through:

Mr. Bhuvnesh Satija & Mr. Ajinkya Tiwari, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 26.02.2020 1.

The costs imposed on 24th September, 2019 have not been deposited and instead today Mr. Vipul Tiwari, Advocate appearing for the decree holder states that costs should not have been imposed on 24th September, 2019 on the decree holder.

2.

Neither Ms. Himadri Haksar, Advocate nor Mr. Nachiketa Joshi, Advocate nor Ms. Sucheta Joshi, Advocate who had appeared for the decree holder on 24th September, 2019 have appeared and Mr. Vipul Tiwari, Advocate admits that he was not present on 24th September, 2019. Merely by sending a new Advocate, orders cannot be changed. 3.

The decree holder having not deposited costs, the Execution Petition is dismissed for non-prosecution.

RAJIV SAHAI ENDLAW, J.

FEBRUARY 26, 2020 „ak‟..