Appeal against a decree of Rs.66,81,755 plus interest awarded to the plaintiff. Delay in filing was condoned. Parties settled: defendants to pay principal with 10% simple interest in two installments; costs excised; appeal disposed.
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VINAY GOYAL AND ANR. .....APPELLANTS
Through: Mr Sahil Chopra with Mr Mukesh Yadav, Mr Nitin Gupta, Mr Rahul Sharma, Mr Ayush Chauhan and Ms Unnati Balyan, Advocates along with appellant no.1 in person.
versus
AJAY GUPTA .....RESPONDENT Through: Mr Akash Gupta, Advocate along with respondent in person.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE AMIT BANSAL [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J.: (ORAL)
CM APPL. 50732/2024
CM APPL. 50733/2024 [Application filed on behalf of the appellants seeking condonation of delay of 24 days in filing the appeal]
RFA(COMM) 360/2024 Page 1 of 4
Signature Not Verified
Digitally Signed By:ATUL JAIN Signing Date: 12.0 9.2024 14:16:25
RFA(COMM) 360/2024 and CM APPL. 50731/2024 [Application filed on behalf of the appellants seeking interim relief]
Signature Not Verified
RFA(COMM) 360/2024 Page 2 of 4
Digitally Signed By:ATUL JAIN Signing Date: 12.0 9.2024 14:16:25
appellant no.2/Company, is present in the Court. Likewise, the respondent/plaintiff is also present in the Court.
(i) The appellants/defendants will pay to the respondent/plaintiff, in full and final settlement of the claims raised in the suit action, Rs.66,81,755/-, along with simple interest @ 10% per annum, commencing from the date of the impugned judgment and decree till its realization, in the following manner: (a) Rs.33,00,000/- will be paid by the appellants/defendants on or before 03.12.2024.
(b) The balance sum i.e., Rs.33,81,755/-, along with interest @ 10% per annum for the period indicated above, will be paid on or before 03.03.2025. (ii) The direction concerning costs will stand excised from the impugned judgment and decree. (iii) In the event there is any failure on the part of the appellants/defendants to remit the money to the respondent/plaintiff in accordance with the payment schedule indicated above, the entire decretal amount will be paid by the appellants/defendants to respondent/plaintiff.
13.1 Once payments are made as per the schedule indicated above, the execution proceedings will be closed.
Signature Not Verified
RFA(COMM) 360/2024 Page 3 of 4
Digitally Signed By:ATUL JAIN Signing Date: 12.0 9.2024 14:16:25
RAJIV SHAKDHER, J
AMIT BANSAL, J
SEPTEMBER 3, 2024/ tr
Signature Not Verified
RFA(COMM) 360/2024 Page 4 of 4
Digitally Signed By:ATUL JAIN Signing Date: 12.0 9.2024 14:16:25
1 issue framed by the court
Whether the 24-day delay in filing the appeal should be condoned, and on what terms the suit decree of Rs.66,81,755 with interest can be settled between the parties.
Vinay Goyal and Anr.
Ajay Gupta
Rajiv Shakdher
Amit Bansal
As recorded by the court registry
A first appeal against a decree of a Commercial Court under the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
