Ashish Batra vs Amrit Pahuja
2015 Latest Caselaw 2824 Del

15.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3003/2012
      ASHISH BATRA                                       ..... Plaintiff
                        Through : Mr. R.D. Sharma, Advocate
                        versus

      AMRIT PAHUJA                                  ..... Defendant
                        Through : Mr. N.K. Nayyar, Advocate


      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 08.04.2015

I.A. No.25009/2014 (by the counsel for the plaintiff for seeking discharge)

1. The present application was listed on 5.2.2015, on which date,

counsel for the plaintiff was unable to inform the Court as to the fate

of the notice sent by him to his client by speed post and had sought

some time.

2. Today, counsel for the plaintiff states after the last date of

hearing, he has issued a fresh notice to his client on 6.2.2015, which

was despatched by speed post, but the said article has been returned

unserved with the remarks "the article has remained undelivered".

3. It is stated by the counsel for the plaintiff that there is no other

address of the plaintiff available with him and despite best efforts

made by him, his client neither contacted him, nor given him any

instruction. An affidavit has been filed by the counsel for the plaintiff

under index dated 19.2.2015, in support of the averments made in the

application.

4. In view of the averments made in the application and the

affidavit, the same is allowed and counsel for the plaintiff is discharged

from the present case.

5. The application is disposed of.

CS(OS) 3003/2012 & IA No.18198/2012

None is present for the plaintiff. It appears that the plaintiff does

not wish to pursue the present suit. The same is accordingly

dismissed in default for non-prosecution, along with the pending

application.

HIMA KOHLI, J APRIL 08, 2015 sk