Delhi High Court - Orders
Kamalpreet Kaur vs Harminder Singh Lamba on 24 May, 2022
Author: Siddharth Mridul
Bench: Siddharth Mridul
$~21.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 181/2019
KAMALPREET KAUR ..... Appellant
Through: Mr. Tarun Singla and Mr. K.C. Joshi,
Advocates.
versus
HARMINDER SINGH LAMBA ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 24.05.2022
C.M. No. 17934/2022
The present application has been instituted on behalf of
Ms.Kamalpreet Kaur, the original appellant seeking restoration of MAT.APP.(F.C.) 181/2019, which came to be dismissed by this Court for non-prosecution vide order dated 22.03.2022.
Despite service of notice, there is no appearance on behalf of Mr.Harminder Singh Lamba, the sole respondent.
A perusal of the present application and in particular, paragraph Nos.3, 4 & 5 reflects that although the appellant had appeared before the Court on the said date in the morning. At the first call, the matter could not be heard according to the circumstance that there was no appearance on Signature Not Verified Digitally Signed By:RITU DHIRANIA MAT.APP.(F.C.) 181/2019 Page 1 of 2 Signing Date:31.05.2022 15:14:43 behalf of the respondent despite service of notice. It further reveals that counsel for the appellant could not appear before the Court at the second call, since he was busy on his legs before another Court. It is observed that the justification furnished on behalf of the appellant leaves no manner of doubt that her non-representation before this Court on the day, was neither intentional, nor deliberate.
In view of the foregoing, the present application is allowed. The appeal is restored to its original number. MAT.APP.(F.C.) 181/2019 Re-notify on 18.10.2022.
A copy of this order be sent to counsels for the parties by electronic mail and be uploaded on the Court website.
SIDDHARTH MRIDUL, J GAURANG KANTH, J MAY 24, 2022 kd Signature Not Verified Digitally Signed By:RITU DHIRANIA MAT.APP.(F.C.) 181/2019 Page 2 of 2 Signing Date:31.05.2022 15:14:43