M/S A.K. Manpower Services v. M/S Gromet India Pvt Ltd And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.A-728-MA of 2014 (O&M) Date of decision: July 29, 2016 M/s A.K.Manpower Services ...Applicant

Versus

M/s Gromet India Pvt. Ltd. and another

...Respondents

CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Ashok Tyagi, Advocate for the applicant.

Mr.N.C.Kinra, Advocate for the respondents.

**** INDERJIT SINGH, J.

Applicant-M/s A.K.Manpower Services has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondents M/s Gromet India Pvt. Ltd. and Rakesh Grover, challenging the impugned order dated 22.10.2013 passed by learned Judicial Magistrate Ist Class, Gurgaon, vide which the complaint filed by the applicant was dismissed in default for want of prosecution. It is brought to my notice that costs of `10,000/- has not been deposited by the applicant. The present application seeking permission for leave to file appeal, which was dismissed for want of prosecution on 18.09.2015 by this Court, has been restored vide order dated 13.10.2015 passed by this Court, subject to payment of `10,000/- as costs payable to the Vineet Gulati 2016.08.19 15:48 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.A-728-MA of 2014 -2respondents. The applicant has been granted so many opportunities and more than reasonable time to pay the costs, but he has not paid it. Keeping in view the above facts and circumstances, the present application under Section 378(4) Cr.P.C. is dismissed for non-compliance of order dated 13.10.2015 as the application was restored only subject to the payment of costs.

July 29, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2016.08.19 15:48 I attest to the accuracy and authenticity of this document Chandigarh