The High Court dismissed a commercial suit for non-prosecution due to the plaintiff's lack of diligence and indolence in proceeding with the action.
Suit dismissed for non-prosecution; connected applications disposed of as infructuous; interim orders vacated.
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ODC-14
CS/11/2017 IA NO: GA/1/2017(Old No:GA/335/2017), GA/4/2023, GA/5/2023 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION]
DYSTAR COLOURS DISTRIBUTION GMBH VS JAY CHEMICAL INDUSTRIES LTD
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 24TH April, 2023.
Appearance: Mr. Debnath Ghosh, Adv. Ms. Vaibhavi Pandey, Adv. Ms. P. Banerjee, Adv. …for defendant.
The Court:- None appears on behalf of the plaintiff nor is any adjournment prayed for on their behalf.
The matter has been heard on diverse dates.
It appears from the records that the plaintiff has not been diligent in proceeding with the suit. There are no effective steps which have been taken by the plaintiff. The suit is a Commercial Suit and the plaintiff has been lackadaisical and indolent.
Accordingly, CS/11/2017 is dismissed for non-prosecution. All connected applications are also stands disposed of as infructuous.
Interim orders, if any, stand vacated.
(RAVI KRISHAN KAPUR, J.)
SK.
Ravi Krishan Kapur
As recorded by the court registry
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