Dinesh Saini vs Roshanara Club Limited & Anr
2015 Latest Caselaw 2853 Del

$~62.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1861/2014 and I.A. 4904/2015, 11583-11584/2014
      DINESH SAINI                                   ..... Plaintiff
                         Through: Mr. Tanuj Khurana, Advocate with
                         plaintiff in person.

                         versus

        ROSHANARA CLUB LIMITED & ANR            ..... Defendants
                     Through: Mr. Ajay Kumar Agarwal, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 09.04.2015

1. Pursuant to the order dated 07.04.2015, the plaintiff has filed an

affidavit tendering his unqualified apology for his conduct as noticed

on the last date of hearing. Further, learned counsel for the plaintiff

undertakes on behalf of the plaintiff that he will be more cautious in

future while filing suits/pursuing litigations.

2. Mr. Aggarwal, learned counsel for the defendants states that the

plaintiff is not as innocent as is being portrayed as he is a seasoned

litigant who has initiated at least seven litigations, not only against the

defendants herein but some other respondents/defendants as well and

being well versed with the legal proceedings, he cannot take a plea

that he is unaware of the consequences of endorsing a note on the

case file of CS(OS) No. 2692/2014 asking the Registry to refrain from

listing a particular case before a certain Bench. In support of the said

submission, he hands over a list of the cases instituted by the plaintiff

against the defendants herein and other defendants/respondents. The

same is taken on record.

3. While accepting the apology tendered by the plaintiff and

acceding to the request of the counsel for the plaintiff for leave to

withdraw the present suit, the plaintiff is cautioned to be careful in

future. Further, in view of the conduct of the plaintiff in the present

order and on the last date of hearing, it is deemed appropriate to

impose costs of `30,000/- on him, which shall be deposited with the

Delhi High Court Legal Services Committee within one week from

today. Proof of deposit shall be placed on record within two weeks. It

is made clear that till the plaintiff pays the costs within the timeline

prescribed and files the proof of deposit, the Registry shall not list any

of his cases in the court.

4. The suit is disposed of alongwith the pending applications.

HIMA KOHLI, J APRIL 09, 2015 rkb