DILIP RAWAL vs M/S MOTHERS PRIDE EDUCATION PERSONNA PVT. LTD. & ORS.

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12th August, 2025 + CM(M) 1501/2025& CM APPL. 49435/2025 DILIP RAWAL .....Petitioner Through: Mr. Sushant Kumar, Adv. versus M/S MOTHERS PRIDE EDUCATION PERSONNA PVT. LTD. & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner had filed a commercial suit, under summary procedure. He was seeking recovery of Rs.24,79,600/-. 2. The suit was instituted in the year 2019 and was later on converted into an ordinary suit. 3. When the abovesaid suit was taken up by learned District Judge (Commercial Courts) on 20.02.2024, it noted that the requisite steps had not been taken by the plaintiff to affect service upon defendants No.2 and 3 and no steps had either been taken to issue notice to defendant No.1. 4. The abovesaid directions were to be complied with by plaintiff in terms of one earlier order dated 20.01.2024. 5. After noticing previous conduct of plaintiff, which indicated that Signature Not Verified Digitally Signed CM(M) 1501/2025 1 By:DINESH CHANDRA Signing Date:13.08.2025 16:19:05 despite endless opportunities and imposition of cost, the plaintiff has not taken the desired steps, the learned Trial Court dismissed the suit for non-prosecution, observing that, the plaintiff was habitual defaulter and has been wasting precious judicial time and that he was not interested in prosecuting the suit. 6. Plaintiff filed an application under Order IX Rule 4 seeking recall of abovesaid order and conservant restoration of the suit but such application has also been dismissed on 16.04.2024. 7. Such order is under challenge. 8. It is also apprised that earlier the abovesaid order dated 16.04.2024 was challenged by filing a revision petition under Section 115