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 CM(M) 1501/2025 1 Digitally Signed 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 conserv