Selco International Limited vs National Buildings Construction ...
2015 Latest Caselaw 2119 Del

$~4.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1605/2009
       SELCO INTERNATIONAL LIMITED                     ..... Plaintiff
                     Through: None

                         versus

       NATIONAL BUILDINGS CONSTRUCTION & ORS. ..... Defendants
                      Through: Mr. Pankaj Kumar, Advocate for
                      Mr. Sanjeev Mahajan, Advocate for D-1.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 11.03.2015

1. The suit has been placed before the Court by the learned Joint

Registrar, who has recorded in the order dated 10.02.2015 that the

plaintiff has failed to file the list of witnesses and affidavit by way of

evidence in terms of the orders passed on 11.02.2014.

2. A perusal of the order sheets reveals that issues were framed on

11.02.2014. On the said date, the plaintiff was directed to lead

evidence in the first instance and was called upon to file the list of

witnesses within four weeks. The affidavit by way of evidence was to

be filed by the plaintiff within eight weeks. It was further ordered that

if the affidavits by way of evidence are not filed within the stipulated

time, then the same would be taken on record only upon the plaintiff

depositing costs of `40,000/- with the Delhi High Court Legal Services

Committee.

3. The plaintiff did not take any steps to file its list of witnesses or

the affidavit by way of evidence within the stipulated time. A perusal

of the order dated 10.02.2015 reveals that the counsel for the plaintiff

had sought discharge from the case on the ground that his client had

not been contacting him despite court notice being issued to it. Same

is the position today. None is present on behalf of the plaintiff and nor

has the list of witnesses or the affidavit by way of evidence been filed

by the plaintiff.

4. 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 MARCH 11, 2015 rkb