Gunjan Kumar vs Vipin Parwanda & Anr
2015 Latest Caselaw 3218 Del

$~20.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     O.A. 51/2014 in CS(OS) 2509/2010 and I.A. 5953/2014 (under
      Section 5 of Limitation Act)

      GUNJAN KUMAR                                   ..... Plaintiff
                         Through: Mr. M. Dutta, Advocate


                         versus


      VIPIN PARWANDA & ANR                              ..... Defendants
                   Through: None

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 21.04.2015

1. The present Chamber Appeal has been filed by the defendants

against the order dated 10.09.2013 passed by the Joint Registrar

closing their right to file the written statement.

2. Notice was issued on the present Chamber Appeal on

31.03.2014, returnable on 13.05.2014. A reply to the Chamber

Appeal has been filed by the respondent/plaintiff. Thereafter, the

Chamber Appeal was listed before the Court on 29.10.2014 for

arguments and was adjourned to 25.11.2014. On 25.11.2014, none

had appeared on behalf of the appellants/defendants. As a result, the

appeal was adjourned to 24.02.2015. On 24.02.2015, yet again, none

had appeared on behalf of the appellants/defendants. Same is the

position today, when the case is being taken up in the post lunch

session on the second call.

3. Counsel for the respondent/plaintiff states that the Chamber

Appeal is hopelessly barred by limitation having been filed after a

delay of 180 days. He further states that the appellants/defendants

are not serious in pursuing the present Chamber Appeal as they have

not been appearing for the past two dates. The said submission is

borne out from a perusal of the records.

4. It appears that the appellants/defendants are not interested in

prosecuting the present Chamber Appeal, which is accordingly

dismissed in default and for non-prosecution alongwith the pending

application.

HIMA KOHLI, J APRIL 21, 2015 rkb