M/S Texport Industries Pvt. Limited v. M/S Mercury Fabric Pvt. Ltd. And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-612-2020 (O&M) Date of decision : 09.12.2024 M/S TEXPORT INDUSTRIES PVT. LTD.

... APPELLANT(s)

VERSUS

M/S MERCURY FABRIC PVT. LTD. & ORS.

...RESPONDENT(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

None.

ALKA SARIN, J. (ORAL) 1.

On 18.05.2024 the following order was passed : "On 03.11.2023 the following order was passed: 'Learned counsel for the appellant inter alia submits that the Courts below while passing the impugned judgments have failed to take into consideration the documentary evidence brought on record by the appellant, in its proper perspective.

Notice of motion for 18.05.2024.

In the meanwhile, the appellant shall deposit the amount before the Executing Court within a period of one month from today and the same shall be disbursed in favour of respondent/decree-holder against security, to be furnished as per satisfaction of the Executing Court'.

Ankur Goyal 2024.12.10 08:45 I attest to the accuracy and integrity of this document

RSA-612-2020 (O&M) [2] Till date process fee has not been filed. Today the case has been called twice, however, no one has appeared on behalf of the appellant.

Let the process fee be filed within a period of one week from today and on doing so fresh notice be issued, returnable 09.12.2024.

It is made clear that in case the process fee is not filed within a period of one week from today, the present appeal shall be dismissed for non-prosecution." 2.

As per the office report, pursuant to the above order, learned counsel for the appellant has not filed the process fee for issuance of notices to the respondents. Even no one has turned up on behalf of the appellant despite the matter being called thrice since morning. It appears that the appellant is not interested in pursuing the present appeal. In view of the above, this Court is left with no other option but to dismiss the present appeal for non-prosecution.

3.

Dismissed for non-prosecution. Pending applications, if any, also stand disposed off.

09.12.2024 (ALKA SARIN) Ankur JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Ankur Goyal 2024.12.10 08:45 I attest to the accuracy and integrity of this document