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Delhi High Court - Orders

Pawan Hans Helicopters Ltd vs Nidheesh Tours & Travels Pvt. Ltd on 22 October, 2020

Author: Jyoti Singh

Bench: Jyoti Singh

$~A-6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 243/2020
      PAWAN HANS HELICOPTERS LTD.            ..... Appellant
                  Through: Mr. Puneet Taneja, Advocate with
                           Mr. Manmohan Singh Narula,
                           Advocate.
                  versus
      NIDHEESH TOURS & TRAVELS PVT. LTD. ..... Respondent
                   Through: Mr. Hemant Chaudhary, Advocate
                            with Mr. Piyush Arora, Advocate.

      CORAM:
      HON'BLE MS. JUSTICE JYOTI SINGH
              ORDER

% 22.10.2020 Hearing has been conducted through Video Conferencing. C.M. 25442/2020 This is an application filed by the Appellant seeking condonation of delay of 128 days in filing the present appeal.

Learned counsel for the Appellant submits that on account of the Pandemic COVID-19, the Supreme Court in Suo Moto Writ (Civil) No. 3 of 2020 has extended the period of limitation under various statutes.

Issue notice.

Mr. Hemant Chaudhary accepts notice on behalf of the Respondent and candidly submits that he has no objection to the delay being condoned in view of the order passed by the Supreme Court in the Suo Moto Writ (Civil) No. 3/2020.

In view of the order of the Supreme Court and the no objection by the counsel for the Respondent, the application is allowed. Delay of 128 days in filing the Appeal is condoned.

C.M. 25443/2020 (Exemption) Allowed, subject to all just exceptions. Application is disposed of.

RFA 243/2020 & C.M. 25444/2020 Issue notice to the Respondent.

Mr. Hemant Chaudhary accepts notice on behalf of the Respondent and seeks a period of four weeks to file Reply. He submits that there is concealment of material facts in the Appeal and certain crucial documents have not been filed by the Appellant.

Mr. Puneet Taneja vehemently disputes the submissions made by Mr. Chaudhary and submits that there is no concealment of any fact.

Reply be filed within a period of four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.

Lower Court Record be sent to this Court through the electronic mode or any other mode feasible in the prevailing circumstances, before the next date of hearing.

List on 03.02.2021.

JYOTI SINGH, J OCTOBER 22, 2020 sr