Delhi High Court - Orders
Bses Rajdhani Power Ltd vs D.P. Sharma on 16 December, 2022
Author: Najmi Waziri
Bench: Najmi Waziri, Sudhir Kumar Jain
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 221/2020
BSES RAJDHANI POWER LTD. ..... Appellant
Through: Mr Gulshan Chawla with Mr
Krishandev Marar and Mr Lavish
Chhikara, Advocates.
versus
D.P. SHARMA ..... Respondent
Through: Mr. Anuj Aggarwal and Mr. Shubham
Pundhir, Advocates with Respondent
in person.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 16.12.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 47624/2022 (fresh by appellant for restoration)
1. This application moved by the appellant/applicant seeks restoration of the appeal which was dismissed in default on 19.10.2022.
2. Issue notice. Notice is accepted by the learned counsel named above for the respondent/non-applicant. At joint request, the application is taken up for disposal.
3. The learned counsel for the applicant/appellant submits that the application for restoration was moved just two days later i.e. on 21.10.2022; that on 19.10.2022 he was busy in another court when the Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:20.12.2022 11:54:39 case was called out, therefore, he could not attend the matter, resulting into dismissal in default.
4. In view of the above and for the reasons mentioned in the application, it is allowed. The appeal is restored to its original number and seniority.
5. The application stands disposed-off in terms of the above.
LPA 221/20206. The learned counsel for the respondent states that the lis in this case is decades old, the respondent is a senior citizen therefore this case may be taken up for hearing at an early date.
7. In view of the above, list this appeal for arguments on 28.02.2023.
NAJMI WAZIRI, J SUDHIR KUMAR JAIN, J DECEMBER 16, 2022/rd Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:20.12.2022 11:54:39