M/S Mgf (I) Ltd. vs M/S Ps Jain Co. Ltd.
2015 Latest Caselaw 7699 Del

$~46
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3231/1989
       M/S MGF (I) LTD.                                     ..... Plaintiff
                          Through : None.

                          versus

       M/S PS JAIN CO. LTD.                              ..... Defendant
                       Through : None.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 07.10.2015

1. The present suit has been placed before the Court by the

Registry.

2. A perusal of the order sheets reveals that the plaintiff had

instituted the present suit in the year 1989, under Section 20 of the

Indian Arbitration Act, 1940 paying inter alia that the dispute between

the parties may be referred to a Sole Arbitrator named in the Hire

Purchase Agreement dated 10.9.1986. Evidence was concluded in the

suit on 25.5.1999, whereafter arguments were to be addressed by the

parties. However, the records reveal that at the request of counsels

for the parties, the case was adjourned on several dates. Finally, on

24.3.2003, counsel for the defendants had stated that the suit against

the defendant No.2 had abated. In view of the said submission,

counsel for the plaintiff had sought time to obtain instructions from her

client as to whether it proposed to give up defendant No.2 from the

array of respondents. Thereafter, the case has not been listed before

the Court. Nor have any of the parties approached the Court for

seeking revival of the suit.

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

present suit, which has remained pending for the last twelve years.

Accordingly, the same is disposed of, with liberty granted to the

parties to seek revival of the proceedings, if necessary. Such an

application when filed, shall be considered and decided in accordance

with law.

HIMA KOHLI, J OCTOBER 07, 2015 sk