M/S Kanshiram Hotels Pvt Ltd v. Sh. Sachin Nigam & ORS

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 369/2017 M/S KANSHIRAM HOTELS PVT LTD ..... Plaintiff Through:

None.

versus SH. SACHIN NIGAM & ORS ..... Defendants Through:

None.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 30.01.2018 1.

Three orders have been passed in this suit on 17.8.2017, 21.9.2017 and 16.1.2018 which read as under:- "1.

Order dated 17.8.2017 I.A.9226/2017 (Exemption) Allowed subject to all just exceptions.

CS(OS) 369/2017 & I.A.9225/2017 (stay) Summons on the Suit and notice of the application be issued to defendants by ordinary process, speed post and approved courier, returnable for 21st September, 2017 before the Joint Registrar.

2.

Order dated 21.9.2017 Summons not issued to defendants as steps not taken by

plaintiff.

Cost of Rs. 5000/- is imposed upon plaintiff for noncompliance of the directions of Hon'ble court dated 17.08.2017.

Cost be deposited in Prime Minister's National Relief Fund and receipt be furnished on or before the next date of hearing.

On taking of necessary steps by the plaintiff within a week, fresh summons of the suit and notice of application for interim relief, be issued to defendants vide all prescribed modes including dasti and electronic, returnable for next date of hearing.

Renotify the matter on 16.01.2018.

3.

Order dated 16.1.2018 There is no appearance on behalf of plaintiff despite several pass overs.

Summons not issued to defendants as steps not taken by plaintiff.

Cost imposed upon plaintiff vide order dated 21.09.2017 also not deposited. Plaintiff is not coming forward to pursue its case and get the summons issued to defendants despite repeated directions.

In view of above, let the matter be placed before the Hon'ble Court on 30.01.2018.

2.

Even today, no one appears for the plaintiff although it is 12:20 p.m.

3.

The suit is accordingly dismissed in default and for non-

prosecution.

VALMIKI J. MEHTA, J JANUARY 30, 2018 AK