M/S Converge Communications vs M/S Jain Studios Ltd.
2015 Latest Caselaw 7702 Del

      $~2
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 256/2008 & OA No.86/2015
      M/S CONVERGE COMMUNICATIONS               ..... Plaintiff
                    Through Mr. Pankaj Kapur, Adv

                        versus

     M/S JAIN STUDIOS LTD.                      ..... Defendant
                    Through Ms. Ruchira Goel, Advocate
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 07.10.2015 IA No.21340/2015 (by counsel for the plaintiff u/Sec.151 CPC)

1. The present application has been filed by the counsel for the

plaintiff praying inter alia for seeking discharge from the present case

on the ground that despite several attempts made by him to get in

touch with the plaintiff/company, their representatives have failed to

give him any instructions in the suit.

2. A perusal of the application reveals that learned counsel for the

plaintiff has not filed the copies of the letters of intimation addressed

to the plaintiff, informing them of today's date of hearing.

3. Counsel for the plaintiff states that he had taken steps to send

e-mails to the plaintiff, the last one dated 3.10.2015, which was duly

received by them. He hands over copies of three e-mails dated

17.2.2015, 23.2.2015 and 3.10.2015 sent to the plaintiff informing

them of the next date of hearing. The same are taken on record.

4. In view of the averments made in the application, the same is

allowed and the learned counsel for the plaintiff is discharged from the

present case.

5. The application is disposed of.

CS(OS) No. 256/2008 and IA No.4994/2015 & OA No.86/2015

1. Despite the fact that the plaintiff has been duly informed by its

counsel that the date fixed in the present case is for today and they

have been called upon to take steps to be duly represented in court,

none has appeared for them.

2. It is, therefore, assumed that the plaintiff is not interested in

prosecuting the present suit.

3. Accordingly the suit is dismissed for default and for

non-prosecution along with the pending application and the Chamber

Appeal.

HIMA KOHLI, J OCTOBER 07, 2015 aj