Dismissed¶23

K.R.F Ltd. v. Rita Garments & Anr.

Delhi HC16 May 2025RFA/479/2007

Case brief

AI extract

What is this about?

Dismissal of appeal in default and for non-prosecution; appellant company absent and disinterested; counsel (Ms. Mala Goel) discharged for want of instructions; service unserved on appellant ('no such person'; 'party has left the premises'); respondents served through courier; court notice through all permissible modes; RFA 479/2007; K.R.F Ltd v. Rita Garments & Anr.; High Court of Delhi; Mini Pushkarna, J.; order dated 16.05.2025; 'After Notice Miscellaneous Matter'.

What did the court decide?

The appellant, a company, is no longer interested in pursuing the appeal: its counsel had been discharged for want of instructions, service at the appellant's address failed, and nobody appeared when the matter was called out. ¶22

K.R.F Ltd. Vs Rita Garments & Anr. — Delhi HC (2025) — LawSathi Research

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA 479/2007

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K.R.F LTD .....Appellant

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Through: None. versus

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RITA GARMENTS & ANR. .....Respondent Through: None.

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 16.05.2025

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Court Notices had been issued to the parties in the present case.

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Perusal of the Office Noting with regard to Service Report shows that as far as the service to the appellant by ordinary post is concerned, the same is un-served on the ground that no such person is there.

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The service to the appellant through speed post again shows unserved, on the ground that the party has left the premises. 4. Similarly, the Service Report for respondent nos. 1 and 2 shows that both respondent nos. 1 and 2, have been served through courier.

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None appears for the parties when the matter is called out.

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This Court notes that the appellant is a company and not an individual.

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This Court further notes that the statement of the learned counsel appearing for the appellant has already been noted, that despite communications to the appellant, she has not received any instructions.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 17:19:32

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The order dated 28^th January, 2025, in this regard reads as under:

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“ Learned counsel for the appellant submits that despite written communications being sent to the appellant, she has not received any instructions and thus requests that she may be discharged .

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In view of the submissions made, Ms. Mala Goel, Advocate is discharged.

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Issue court notice to the appellant and respondents, through all permissible modes, returnable on 16.05.2025.

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List in the category of “After Notice Miscellaneous Matter””

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(Emphasis Supplied)

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In the facts and circumstances of the present case, it is evident that the appellant is no longer interested in pursuing the present case.

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Accordingly, the present appeal is dismissed in default and for nonprosecution.

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MINI PUSHKARNA, J

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MAY 16, 2025 ak

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 17:19:32

K.R.F Ltd. v. Rita Garments & Anr.

Case brief

What is this about?

What did the court decide?

K.R.F Ltd. v. Rita Garments & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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