Delhi High Court - Orders
Nitishree Infrastructure Ltd & Anr vs Mrs. Anita Soni on 22 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 790/2023
NITISHREE INFRASTRUCTURE LTD & ANR. ..... Appellants
Through: Mr. Abhinav Chauhan, Advocate.
versus
MRS. ANITA SONI ..... Respondent
Through: Mr. A. Henry, Mr. Aniket Rajput,
Advocates [8077853548].
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 22.09.2023 CM APPL. 49608/2023 (condonation of delay)
1. This is an application for condonation of 92 days delay in filing of the present appeal.
2. One of the grounds taken in the application is that the appellant received the certified copy of the judgment and decree dated 28.02.2023 only on 25.07.2023.
3. In the application, the appellant has not stated as to when it applied for the certified copy of the decree.
4. Mr. Abhinav Chauhan, learned counsel for the appellant, states that the application was made only in June/July, 2023. This fact ought to have been mentioned in the application rather than making an oblique attempt to place the responsibility upon the learned Trial Court.
5. With the consent of learned counsel for the parties, delay in filing of appeal is condoned, subject to payment of costs of Rs.15,000/- by the RFA 790/2023 Page 1 of 2 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 25/09/2023 at 22:51:33 appellant to the respondent.
CM APPL. 49610/2023 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
CM APPL. 49611/2023 (condonation of delay) This is an application for condonation of 48 days delay in refiling the present application.
For the reasons stated in the application, the delay in refiling the application is condoned.
RFA 790/2023 & CM APPL. 49607/2023 (stay), CM APPL. 49609/2023 (for taking on record additional documents on record)
1. Issue notice. Mr. A. Henry, learned counsel, accepts notice on behalf of the respondent.
2. Subject to the appellants depositing the decretal amount alongwith up-to-date interest in the Registry of this Court within four weeks, execution of the impugned judgment dated 28.02.2023 in CS No. 7127/2016 shall remain stayed during the pendency of the appeal. CM APPL. 49607/2023 is disposed of.
3. The appeal is admitted.
4. The Registry is directed to list the appeal along with CM APPL. 49609/2023 in the Regular List, in its own turn.
5. Trial Court record be summoned in electronic form in the meantime.
PRATEEK JALAN, J SEPTEMBER 22, 2023/"Bhupi"/ RFA 790/2023 Page 2 of 2 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 25/09/2023 at 22:51:33