Hindustan Dorr Oliver Limited & Another vs Sharma Fabricators And Erectors Pvt Ltd
2024 Latest Caselaw 14561 P&H

Punjab-Haryana High Court

Hindustan Dorr Oliver Limited & Another vs Sharma Fabricators And Erectors Pvt Ltd on 13 August, 2024

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

                                  IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                       202
                                                          CRM-M-24463-2018
                                                          Date of decision: August 13th, 2024

                       Hindustan Dorr-Oliver Limited and another

                                                                                           .....Petitioners
                                                            Versus


                       Sharma Fabricators and Erectors Pvt. Ltd.
                                                                                          .....Respondent

                       CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                       Present:     None.

                       MANJARI NEHRU KAUL, J. (ORAL)

Mr. Aman Bahri, Advocate, has appeared and submitted

that he had already withdrawn his power of attorney.

2. Therefore, notice was issued to the petitioners also,

however, yet again none has entered appearance.

On the last date of hearing, following order dated passed:-

"Vide order dated 31.05.2018, the following order was passed by a coordinate bench of this Court and staying the further proceedings in the complaint in question.

"Learned counsel for the petitioners submitted by relying upon the judgment rendered by Hon'ble Supreme Court in Kusum Ingots & Alloys Ltd. etc. Vs. Pennar Peterson Securities Ltd. and others reported in 2000 (1) ACR 719 (SC) that there is prohibition for resorting to Negotiable Instruments Act with reference to BIFR order treating the companies 'sick'.

Notice of motion for 28.09.2018. Further proceedings pursuant to the complaint is stayed till the next date of hearing."

A perusal of the all the zimni orders reveals that not even a single date, any argument have been advanced by either of the parties and the interim order dated 31.05.2018 has continued to be in operation.

As per office report, process fee has still not been deposited. As a result of which, the respondent could not be served.

In the circumstances, interim order dated 31.05.2018 stands vacated.

Purely in the interest of justice, adjourned to 13.08.2024.

To be taken up after urgent matters."

3. Case has been called twice, however, yet again, there is no

representation on behalf of the petitioners.

4. Dismissed for non-prosecution.

                        August 13th, 2024                                 (MANJARI NEHRU KAUL)
                        Puneet                                                  JUDGE

                                    Whether speaking/reasoned               :      Yes

                                    Whether reportable                      :      No