Onkar Swaroop Bhatnagar & Anr vs M/S Drishticon Properties Pvt Ltd ...
2015 Latest Caselaw 3343 Del

$~3
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1415/2011 & IA No.9396/2011


      ONKAR SWAROOP BHATNAGAR & ANR                    ..... Plaintiffs
                   Through : None.

                        versus

      M/S DRISHTICON PROPERTIES PVT LTD & ANR
                                                     ..... Defendants
                        Through : Mr. Sanat Kumar, Advocate for D-1.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 24.04.2015

1. The suit was listed before the Court on 17.4.2015, on which

date, it was recorded that despite last and final opportunity granted by

the learned Joint Registrar to the plaintiffs to file the affidavit of

evidence-in-chief in terms of the order dated 3.3.2015, no steps have

been taken by them. Resultantly, the right of the plaintiffs to lead the

evidence was closed. In the interest of justice, no adverse orders

were passed against the plaintiffs on 17.4.2015 and the suit was

adjourned for today. Same is the position even today.

2. It appears that the plaintiffs are not interested in prosecuting

the present suit, which is accordingly dismissed in default and for non-

prosecution, along with the pending application.

3. If the plaintiffs file an application for seeking restoration of the

suit, the same shall be entertained by the Registry only after they

deposit costs of Rs.10,000/- with the Delhi High Court Legal Services

Committee and file the proof of deposit on record.

HIMA KOHLI, J APRIL 24, 2015 sk