Dinesh Chand & Anr vs Begraj

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      RFA 759/2016 and CM APPL. 35815-35816/2016
       DINESH CHAND & ANR                                 ..... Appellants
                    Through: None

                          versus

       BEGRAJ                                             ..... Respondent
                          Through: None

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 06.03.2017

1. The present appeal was passed over on the first call at the request of the proxy counsel appearing for the counsel for the appellant, who had sought an adjournment on the ground that the arguing counsel is unavailable. On the order dated 17.01.2017 being pointed out to the learned proxy counsel, wherein it was made clear that no further accommodation shall be given to the counsel to address arguments on the next date, a pass over was sought. On the second call, none is present on behalf of the appellants.

2. On 17.01.2017, having regard to the frequent adjournments sought on behalf of the appellants, while renotifying the matter for today, it was made clear that a final opportunity is being granted to the appellants to address arguments in the appeal today. Further, it was clarified that if the counsels on record are unavailable for any reason, appropriate alternate arrangements RFA 759/2016 Page 1 of 2 shall be made by the appellants to engage another counsel. Despite the same, none is present on behalf of the appellants on the second call.

3. It appears that the appellants are not interested in prosecuting the present appeal, which is accordingly dismissed for non-prosecution alongwith the pending applications.

HIMA KOHLI, J MARCH 06, 2017 rkb RFA 759/2016 Page 2 of 2