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Five Star Construction Pvt Ltd vs Orchid Infrastructure Developers Pvt. ... on 9 October, 2023

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait, Neena Bansal Krishna

                                     $~1
                                     *          IN THE HIGH COURT OF DELHI AT NEW DELHI
                                     +          FAO(OS) (COMM) 324/2022 & CM APPL.53912-15/2022
                                                FIVE STAR CONSTRUCTION PVT LTD                                              ..... Appellant
                                                                                   Through:                Mr. Kawaljit Kochar, Mr.
                                                                                                           Deepanshu and Mr. Utkarsh Vats,
                                                                                                           Advocates
                                                                                   versus

                                                ORCHID INFRASTRUCTURE DEVELOPERS
                                                PVT. LTD.                                                                   ..... Respondent
                                                                                   Through:                Mr. Manish Sharma, Mr. Ninad
                                                                                                           Dogra and Ms. Adya Rao,
                                                                                                           Advocates

                                                CORAM:
                                                HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                                HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                                                   ORDER

% 09.10.2023 CM APPL.53915/2022 (for condonation of delay in re-filing the appeal)

1. In view of the reasons stated in the application, the delay of 7 days in re-filing the appeal is condoned.

2. Application stands disposed of. CM APPL. 53913/2023 (exemption) CM APPL. 53914/2023 (exemption)

3. Allowed, subject to all just exceptions.

4. Applications stand disposed of. CM.APPL.53912/2022 (for condonation of delay in filing appeal)

5. Notice issued.

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 10/10/2023 at 22:08:40

6. Mr. Manish Sharma, Advocate accepts notice on behalf of respondent and has opposed the present application.

7. However, in view of the reasons stated in the application, the delay of 47 days in filing the appeal is condoned.

8. Application stands disposed of. FAO(OS) (COMM) 324/2022

9. Notice issued.

10. Mr. Manish Sharma, Advocate accepts notice on behalf of respondent.

11. Arguments heard.

12. Judgment reserved.

SURESH KUMAR KAIT, J NEENA BANSAL KRISHNA, J OCTOBER 9, 2023/rk FAO(OS) (COMM) 324/2022 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 10/10/2023 at 22:08:40