Delhi High Court - Orders
Educomp Solutions Limited vs Mr. B.D. Park & Ors on 18 March, 2024
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 109/2017 & I.A. 13035/2023
EDUCOMP SOLUTIONS LIMITED ..... Plaintiff
Through: Mr. Aayush Agrawal and Ms.
Mahamaya Chatterjee, Advs.
versus
MR. B.D. PARK & ORS
..... Defendant
Through: Appearance not given.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 18.03.2024 I.A. 13035/2023
1. This application has been filed under Order IX Rule 9 of the Code of Civil Procedure, 1908 by plaintiff for restoration of the suit which was dismissed by order dated 19th April, 2023 for non-prosecution. Counsel for plaintiff states that they had appeared prior to the date of 19 th April, 2023 and had been instructed to appear, however, due to inadvertence he could not appear because he was preoccupied before another Court. He has also filed the order showing appearance of the counsel in another Court.
2. Considering the facts and circumstances, the application is allowed. The suit is restored to its original position. It is noted that plaintiff's right to lead evidence was closed by order dated 19th September, 2019 which cannot be revived at this stage.
3. List on 01st August, 2024.
4. Order be uploaded on the website of this Court.
ANISH DAYAL, J MARCH 18, 2024/MK/na This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/03/2024 at 00:16:43