KANJIMULL Vs. RADEKA CHAUDHARY

JUDGEMENT

(1.) Plaintiff has filed the present suit under the provisions of Order XXXVII for recovery of Rs.2,38,00,000/-. Summons were issued to the defendants in the prescribed form. Defendant no.1 entered appearances and also filed IA.No.16903/2012 seeking condonation of 12 days' delay in entering appearance. The defendants could not be served in the ordinary way and hence defendants were served through publication.

(2.) Reply to the application [IA.No.16903/2012] has been filed by the plaintiff. Despite opportunity having been granted, no rejoinder has been filed. None has been appearing on behalf of defendant no.1 since 6.11.2013. None appeared on behalf of the defendant on.1 even on 7.3.2014 as also on 3.4.2014. None is present even today to press this application. Accordingly the application [IA.No.16903/2012] is dismissed for non-prosecution.

(3.) Counsel for the plaintiff submits that the proceedings against defendant no.1 have also been initiated by the plaintiff under Section 138 of the Negotiable Instruments Act, which is pending.