Dismissed

Eagle Hunter Solutions Limited v. Prem Chand

Delhi HC18 Sept 2024LPA/663/2019

Case brief

AI extract

What is this about?

The Delhi High Court dismissed an application for condonation of a 358-day delay in filing an appeal under Section 5 of the Limitation Act. The Court found the explanation regarding occupation with other cases inadequate, as it did not detail day-to-day steps taken to file the appeal.

What did the court decide?

The application for condonation of delay of 358 days is dismissed, and consequently, the pending appeal is dismissed.

Eagle Hunter Solutions Limited Vs Prem Chand — Civil Procedure and Limitation | Delhi HC (2024)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 663/2019 & CM APPL. 45169/2019

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EAGLE HUNTER SOLUTIONS LIMITED .....Appellant

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Through: Mr. R.P. Sharma, Advocate

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versus

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PREM CHAND .....Respondent Through: Mr. Rajat Sharma, Advocate

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CORAM:

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HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE GIRISH KATHPALIA

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O R D E R % 18.09.2024

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CM APPL. 45168/2019 (delay)

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The present application has been filed under Section 5 of the Limitation Act read with Section 151 CPC on behalf of the appellant seeking condonation of delay of 358 days in filing the present appeal.

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It is stated in the present application explaining the delay that after passing of the judgment dated 17.09.2018 by the learned Single Judge, the applicant/appellant/management had been occupied in many other official and litigation cases/works and hence, could not engage/find a new counsel to deal with the case properly. It is further stated in the present application that the earlier counsel, who was dealing with the matter, had returned the file since he had already lost the case at two stages, one in the learned Labour Court and then in the High Court. The case required proper preparation and therefore, it took time for the applicant/appellant to file the

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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 03/07/2025 at 01:37:50

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present appeal.

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We are of the view that the delay of 358 days in filing the present appeal is not explained properly in the present application, as to how and what steps were taken on day to day basis due to which 358 days delay occurred.

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We are, therefore, not inclined to allow the present application which seeks condonation of delay of 358 days in filing the present appeal. Accordingly, in view of the above, present application stands dismissed.

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LPA 663/2019

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Consequently, the present appeal also stands dismissed along with pending application.

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SURESH KUMAR KAIT, J

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GIRISH KATHPALIA, J

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SEPTEMBER 18, 2024/ riya

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Eagle Hunter Solutions Limited v. Prem Chand

Case brief

What is this about?

What did the court decide?

Eagle Hunter Solutions Limited v. Prem Chand

Case brief

What is this about?

What did the court decide?

What the court decided

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