Delhi High Court
Gunjan Kumar vs Vipin Parwanda & Anr on 21 April, 2015
Author: Hima Kohli
Bench: Hima Kohli
$~20.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.A. 51/2014 in CS(OS) 2509/2010 and I.A. 5953/2014 (under
Section 5 of Limitation Act)
GUNJAN KUMAR ..... Plaintiff
Through: Mr. M. Dutta, Advocate
versus
VIPIN PARWANDA & ANR ..... Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 21.04.2015
1. The present Chamber Appeal has been filed by the defendants against the order dated 10.09.2013 passed by the Joint Registrar closing their right to file the written statement.
2. Notice was issued on the present Chamber Appeal on 31.03.2014, returnable on 13.05.2014. A reply to the Chamber Appeal has been filed by the respondent/plaintiff. Thereafter, the Chamber Appeal was listed before the Court on 29.10.2014 for arguments and was adjourned to 25.11.2014. On 25.11.2014, none had appeared on behalf of the appellants/defendants. As a result, the appeal was adjourned to 24.02.2015. On 24.02.2015, yet again, none O.A. 51/2014 in CS(OS) 2509/2010 Page 1 of 2 had appeared on behalf of the appellants/defendants. Same is the position today, when the case is being taken up in the post lunch session on the second call.
3. Counsel for the respondent/plaintiff states that the Chamber Appeal is hopelessly barred by limitation having been filed after a delay of 180 days. He further states that the appellants/defendants are not serious in pursuing the present Chamber Appeal as they have not been appearing for the past two dates. The said submission is borne out from a perusal of the records.
4. It appears that the appellants/defendants are not interested in prosecuting the present Chamber Appeal, which is accordingly dismissed in default and for non-prosecution alongwith the pending application.
HIMA KOHLI, J APRIL 21, 2015 rkb O.A. 51/2014 in CS(OS) 2509/2010 Page 2 of 2