The High Court of Delhi dismissed the appeal against the dismissal of an application for leave to defend. The court held the appeal lacked merit as the appellant deliberately failed to update his address after entering appearance in 2003, leading to an absent default decree passed in 2013.
Appeal dismissed. No costs.
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V K KAUSHIK ..... Appellant Through Mr. Aseem Mehrotra, Advocate
versus
NATIONAL SMALL INDUSTRIES CORPORATION LTD & ORS ..... Respondent
Through Mr. Sanjoy Kumar Sharma, Advocate CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA O R D E R % 17.04.2017
Mr. V.K. Kaushik, the appellant impugns the order dated 29.8.2016 whereby IA No. 10510/2016 under Order XXXVII, Rule 4 of the Code of Civil Procedure, 1908 (Code, for short) and IA No. 10511/2016 for condonation of delay of 1075 days in applying for leave to defend have been dismissed.
alongwith interest @ Rs.18% p.a. with effect from 1.6.2002.
service of the summons for judgment were prejudiced or this order in any manner revived the rights of the appellant to fresh service. Further, pursuant to the order dated 10.5.2011 another attempt was made to serve the summons for judgment. The order sheet dated 25.7.2011 records that summon for judgment sent to the appellant through counsel was also received back with the remark that no such person resides at the given address. The appellant does not convert this position and the counsel states that he has not examined the court file.
must face the consequences of his lapses and defaults. Accepting the appeal would set back the clock by more than 3 years, for no fault attributable to the plaintiff. Indulgence to the appellant is unwarranted and unjustified.
dismissed. No costs.
SANJIV KHANNA, J
ANIL KUMAR CHAWLA, J
APRIL 17, 2017 mw
2 issues framed by the court
Whether leave to defend should be granted after a delay of over 1000 days without sufficient cause.
Whether the decree passed in absence should be set aside given the appellant's failure to provide a new address after entering appearance.
2 provisions across 1 enactments
V K Kaushik
National Small Industries Corporation Ltd
Sanjiv Khanna
Anil Kumar Chawla
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
