M/S Atoz Pharmaceuticals Pvt Ltd vs Ochoa Laboratories Ltd & Ors
2015 Latest Caselaw 933 Del

$~36.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1430/2010
      M/S ATOZ PHARMACEUTICALS PVT LTD                     ..... Plaintiff
                    Through: None

                         versus

      OCHOA LABORATORIES LTD & ORS                   ..... Defendants
                   Through: None

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 02.02.2015

1. Vide order dated 24.11.2015, the Joint Registrar had recorded

that none had been appearing for the plaintiff for the last couple of

dates. With these observations, the file was forwarded to this Court on

13.01.2015. On 13.01.2015, none had appeared for the plaintiff and

as no time was left, the suit was adjourned for today. Even today,

none is present on behalf of the plaintiff.

2. A perusal of the order sheets reveals that summons in the

present summary suit were issued as per the prescribed format on

27.07.2010 returnable on 27.10.2010. On the said date, the summons

were returned unserved and the plaintiff was directed to take fresh

steps to serve the defendants returnable on 24.02.2011. However, the

summons were returned on two occasions as unserved and the

plaintiff was directed to take steps to file the fresh process fee for

effecting service of the summons on the defendants. On 30.10.2012,

it was recorded that steps for serving the defendants could not take

place for want of the process fee and the position remained the same

on 26.03.2014, when counsel for the plaintiff had submitted that she

would be filing an application for seeking substituted service on the

defendants. But no such application was filed by the plaintiff and after

26.03.2014, none has appeared for the plaintiff.

3. It appears that the plaintiff is not interested in prosecuting the

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

prosecution.

HIMA KOHLI, J FEBRUARY 02, 2015 rkb