Dismissed¶29

Harvinder Singh Sethi v. National Building Construction Corporation Ltd.

Delhi HC13 Feb 2026RFA/449/2010

Case brief

AI extract

What is this about?

Delhi HC (Amit Sharma J, 13.02.2026) dismissed RFA 449/2010, Harvinder Singh Sethi v. National Building Construction Corporation Ltd, in default for non-prosecution: repeated non-appearance by the appellant and court notice returned unserved ('no such person'). The appeal, under Order 41 Rule 1 r/w Section 96 CPC 1908, had challenged the 18.02.2010 judgment/decree of ADJ (19 Central), Delhi in Suit No. 137 of 2006 dismissing a claim of Rs.531440/- with 18% interest; pending applications disposed of.

What did the court decide?

In view of the continued non-appearance of the appellant on successive hearing dates and the court notice returning unserved, the appeal is dismissed in default for non-prosecution and disposed of. ¶29

Harvinder Singh Sethi Vs National Building Construction Corporation Ltd. — Delhi HC (2026) — LawSathi Research

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$~36

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA 449/2010

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HARVINDER SINGH SETHI .....Appellant

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Through: None. versus

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NATIONAL BUILDING CONSTRUCTION CORPORATION LTD .....Respondent

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Through: Mr. Debarshi Bhadra, Adv. through Vc.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 13.02.2026

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This hearing has been done through hybrid mode.

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The present appeal under Order 41 Rule 1 read with Section 96 of the

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CPC, 1908 seeks the following prayers: -

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“(a) set aside the impugned judgment and decree dated 18.02.2010 made by Mr. A. K. Chawla, Additional District Judge (19 Central), Delhi in suit No. 137 of 2006 titled as (Mr. Harvinder Singh Sethi Vs. National Building Construction Corporation Ltd.) relating to dismissal of claim of appellant of sum of Rs.531440/- and 18% interest on it and reducing the interest by 9% on the balance decreed sum and decree the suit for the amount claimed in suit.

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(b) make any other order or orders as the Hon'ble Court may think fit & just in the circumstances of the case;

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None appears on behalf of the appellant today.

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Vide order dated 17.12.2024, learned Predecessor Bench of this Court had made the following observations: -

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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 17/02/2026 at 12:48:24

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“1. There is no appearance on behalf of the parties.

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None has appeared for the parties despite the matter being called out on various dates i.e., 29.11.2024, 05.12.2024 and 11.12.2024. This is the fourth consecutive date when no one appears on behalf of the parties. In the interest of justice, adverse orders stand deferred.

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Let this appeal be listed after six weeks in due course by the Registry.”

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On 30.04.2025, Court notice was issued to the parties and the same returned with the following remarks: -

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“Court notice issued to parties: Ordinary: Appellant- Unserved ( no such person), Respondent NBCC - Served at Lodhi Road Delhi address. Speed Post-Appellant- Unserved (no such person), Respondent - at Lodhi Road Delhi- awaited,

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at Kaushambi address- unserved ( reason not mentioned) Courier: Srvice not confirmed from tracking report.”

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There is no appearance on behalf of the appellant on the last dates of hearing as well i.e., 30.04.2025 & 14.10.2025.

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In these circumstances, the appeal is dismissed in default for nonprosecution and disposed of.

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Pending application(s), if any, also stand disposed of.

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AMIT SHARMA, J

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FEBRUARY 13, 2026/ kr/ah

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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 17/02/2026 at 12:48:24

Harvinder Singh Sethi v. National Building Construction Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Harvinder Singh Sethi v. National Building Construction Corporation Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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