Brainsmart Media And Advertising ... vs Indian Newspaper Society
2015 Latest Caselaw 5496 Del

$~7
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+       CS(OS) 60/2014 and I.A. 7967/2014

        BRAINSMART MEDIA AND ADVERTISING PVT. LTD...... Plaintiff
                      Through: None

                         versus

        INDIAN NEWSPAPER SOCIETY                 ..... Defendant
                      Through: Mr. Nakul Sachdeva, Advocate

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 31.07.2015

1. The case was passed over on the first call, as none was present

on behalf of the plaintiff. Same is the position even on the second

call.

2. It is pertinent to note that none has been appearing for the

plaintiff after 29.9.2014.

3. Counsel for the defendant states that he alone had appeared

before the Joint Registrar on 14.5.2015. However, due to a typing

error, instead of marking his presence for the defendant, the

appearance has been shown for the plaintiff. He further states that he

had filed an application under Order VII Rule 11 of the Code of Civil

Procedure, for seeking rejection of the plaint and despite service

being effected directly on the plaintiff, none has appeared on its

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

present suit, which is accordingly dismissed in default as well as for

non-prosecution, along with the pending application.

HIMA KOHLI, J JULY 31, 2015 mk