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IN THE HIGH COURT OF DELHI AT NEW DELHI #19 CS(OS) 1704 of 2012 ISSAR PHARMACEUTICALS PVT LTD (ISSAR) ..... Plaintiff Through: Mrs. Rajeshwari H., Advocate. versus VINOD DUA and ANOTHER ..... Defendants Through: Mr. Praveen Singh, Advocate Mr. Prashant Gupta, Authorised Signatory of Defendant No. 2. CORAM: JUSTICE S. MURALIDHAR O R D E R 28.10.2013 I.A. No. 4292 of 2013 (u/O 39 R. 2A CPC by Plaintiff) 1. Notice was issued in this application to the Defendants under Order XXXIX Rule 2A CPC way back on 13th March 2013 and till date no reply has been filed by them. 2. Today Mr. Prashant Gupta, Deputy General Manager (Law) appears on behalf of Defendant No. 2 company. Mr. Praveen Singh, counsel appearing on behalf of the Defendant states that he is seeking discharge as the Defendant No. 2 desires to engage some other counsel. CS(OS) No. 1704 of 2012 1 of 3 3. Considering that more than seven months have elapsed since the date of the issuance of the notice in the presence of the counsel for Defendants there is no excuse for not filing a reply to this application till date. The attempt appears to be to somehow to avoid the hearing for today. 4. Accordingly, while accepting the prayer of Mr. Praveen Singh, Advocate for discharge, the Court imposes costs of Rs. 10,000 on Defendant No. 2 which will be paid to the Plaintiff within ten days. The proof of payment of costs be placed on record. 5. Mr. C. Munjal, Managing Director of the Defendant No. 2 will remain present in Court on the next date to show as to why he should not be proceeded against for non-compliance of the orders passed by this Court. He may file an affidavit at least one week prior to the next date with an advance copy to the Plaintiff who may file a response thereto before the next date. 6. List on 10th January 2014. I.A. No. 4477 of 2013 (by D-1) 7. This application need not be shown again in the cause list as it has already CS(OS) No. 1704 of 2012 2 of 3 been disposed of. CS(OS) No. 1704 of 2012 and IA 10898 of 2012 (u/O XXXIX R. 1 and 2 CPC) and 15015 of 2012 (u/O XXXIX R. 4 CPC) 7. List on 10th January 2014. 8. Interim orders to continue. S. MURALIDHAR, J. OCTOBER 28, 2013 akg CS(OS) No. 1704 of 2012 3 of 3
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