E2 Labs Information Security Pvt ... vs Roberto Preatoni And Ors
2015 Latest Caselaw 5642 Del

$~8.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2305/2009 and I.A. 15732/2009, CCP(O) 29/2010,
     CCP(O) 48/2010

       E2 LABS INFORMATION SECURITY PVT LTD & ANR..... Plaintiffs
                      Through: Mr. Rituraj Singh, Advocate with
                      Mr. Somnath D.C., Advocate

                         versus

       ROBERTO PREATONI & ORS                    ..... Defendants
                     Through: Defendants are ex-parte.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 05.08.2015

1. Defendants No.2, 3, 4 and 6 were proceeded against ex-parte

vide order dated 29.10.2010. The remaining defendants were

proceeded against ex-parte vide order dated 29.08.2011 and the

plaintiffs were directed to lead the ex-parte evidence. The ex-parte

evidence was finally concluded on 14.08.2013. Thereafter, the case

has remained pending for final arguments.

2. On 08.12.2014, counsel for the plaintiffs had sought time to file

an affidavit of the plaintiffs under Section 65-B of the Evidence Act.

However, the said affidavit was not filed. Another opportunity for the

said purpose was granted to the counsel for the plaintiffs on

13.04.2015. Yet again, the affidavit has not been filed.

3. Counsel for the plaintiffs states that repeated efforts have been

made by him to contact the plaintiffs at the addresses available with

him but they have failed to respond. He states that repeated

letters/reminders have been dispatched by them to the plaintiffs

calling upon them to contact the counsel and give instructions but to

no avail. The last e-mail in this regard was dispatched by the counsel

for the plaintiffs to the plaintiffs on 30.04.2015, informing them that in

the absence of any instructions, he would not be appearing in the case

on 05.08.2015, i.e., today. Learned counsel states that inspite of the

said e-mail having been received by the plaintiffs, he has not received

any instructions from them. Copies of the said e-mails/letters have

been filed by the counsel for the plaintiffs under index dated

21.07.2015.

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

the present suit. The same is accordingly dismissed in default and for

non-prosecution alongwith the pending application and the contempt

petitions.

HIMA KOHLI, J AUGUST 05, 2015 rkb/ap