Suman Bagh vs Rekha Sharma

Citation : 2017 Latest Caselaw 1543 Del
Judgement Date : 22 March, 2017

Delhi High Court
Suman Bagh vs Rekha Sharma on 22 March, 2017
$~11
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       RFA 797/2016 & C.M. No. 37650/2016
        SUMAN BAGH                                        ..... Appellant
                          Through: None.

                          versus

        REKHA SHARMA                                      ..... Respondent
                    Through: None.

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI
                         ORDER

% 22.03.2017

1. The matter was passed over on the first call as none was present on behalf of the appellant. The position remains the same even on the second call.

2. A perusal of the record reveals that appellant has not deposited till date the decretal amount in terms of the orders dated 06.10.2016, nor did he file the process fee for effecting service on the respondent, returnable on 08.12.2016. On 08.12.2016, the appellant was granted another opportunity to serve the respondent by filing the process fee within one week, returnable before the learned Registrar on 01.2.2017. On 01.2.2017, it was recorded that notice could not be issued as the process fee filed by the appellant had remained under objection. The appellant was granted yet another opportunity to remove the objections and serve the respondent for 17.3.2017. On 17.3.2017, none had appeared for the appellant before the learned Registrar. It was further recorded that notice could not be issued to the respondent for want to process fee.

RFA 797/2016 Page 1 of 2

3. It appears that the appellant is not interested in prosecuting the present appeal, which is accordingly dismissed in default and for non-prosecution alongwith the pending application.

HIMA KOHLI, J MARCH 22, 2017 ap RFA 797/2016 Page 2 of 2