Mirah Dekor Pvt Ltd v. Polar Industries Ltd And ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) 29/2016, CM No. 42248/2016, CM No. 43378/2016 MIRAH DEKOR PVT LTD ..... Appellant Through:

None.

versus POLAR INDUSTRIES LTD AND ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 22.08.2017 1.

The matter was passed over on the first call as there was no appearance from either side. Even on the second call, none is present on behalf of the appellant.

2.

It may be noted that on 12.04.2017, none had appeared for the appellant. Despite the same, a final opportunity of one week was granted to the appellant to file the process fee for effecting service on the respondent, returnable before the Registrar on 11.07.2017. 3.

On 11.07.2017, none had appeared for the appellant before the Registrar who has recorded in the order sheet that notice could not be issued for want of process fee.

4.

We may note that on 12.04.2017, a final opportunity was granted to the EFA(OS) 29/2016

appellant to file the process fee. Having failed to make compliances, despite the opportunity granted, there is no reason for us to keep the matter pending any further.

5.

Accordingly, the appeal is dismissed in default and for non-prosecution along with the pending application.

HIMA KOHLI, J DEEPA SHARMA, J AUGUST 22, 2017 ss EFA(OS) 29/2016