Final Order 1

Order Details: Other
Pdf Text: 05/02/2025
Commercial
Suit
85/2019
Kaccha Com.
No. 94/2019
@ NM No.
1148/2020
Coram: H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
None present.
The present suit is having age more then 5 yrs under the caption of
steps.
Perused the record. The suit is filed on 03.08.2018
bearing Kaccha Com. No. 94/2019. Subsequently registered on
03.08.2019. The suit was assigned initially to C.R. No.14. Perused
roznama from 19.10.2019. Most of the time parties found to be
absent accept the ld. Adv. Shri Amit Jaiswal plaintiff found to be
present. Therefore, my Ld. Predecessor passed the order on
06.12.2021 noting that the plaintiff has lost the interest to proceed
with the suit.
Further perused of roznama Dt. 28.04.2023 goes to show
that defendant failed to give details of the NCLT proceeding and
observed that, no documents of NCLT proceeding stated to be
initiated as per the statement of the Ld. Adv of defendant have not
been produced hence, matter can not be ‘stayed’ thereafter the case
was adjourned for time to time for producing NCLT documents.
Roznama dt. 31.08.2023 goes to show that, vide Exh. 3
insolvency record and copies of resolution plan prepared by
Insolvency professional appointed by NCLT bench Delhi hence,
directed plaintiff to take steps and thereafter matter kept for
compliance on 30.09.2023, 30.10.2023, 09.11.2023, 31.01.2024,
27.02.2024, 01.04.2024, 02.05.2024.
On 29.06.2024 My Ld. Predecessor observed that suit is pending
from 02.05.2024 for steps and prior them to for compliance for
30.09.2023 and adjourned the matter for 01.07.2023 for dismissal.
Thereafter the matter was posted on 20.07.2024,
31.08.2024, 14.10.2024, 21.11.2024, 24.01.2025 and thereafter on
today 05.02.2025 considering the shabby affairs as plaintiff neither
made compliance nor taking positive steps to prosecute the suit in
accordance with law having age more than 5 yrs. Hence, the suit is
dismissed in default for want prosecution.
Off-shoot proceeding NM No. 1148/2020 resultantly also
disposed off for want of closed.
Proceeding closed.
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Record and proceeding be sent to the record room.
Judge
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