Delhi HC dismissed a single bench application seeking condonation of a 752-day delay in filing a regular first appeal under the Commercial Courts Act, holding the appellant's reasons unsubstantiated and insufficient.
Application for condonation of 752-day delay in re-filing appeal dismissed; Regular First Appeal also dismissed.
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versus
DIAMOND INTERNATIONAL PVT LTD. .....RESPONDENT Through: Advocate (appearance not given)
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE
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 06:31:30
not deliberate but on account of unavoidable circumstances, the same be condoned.
“1. That the Appellant has filed the present Regular First Appeal before the Hon'ble High Court of Delhi by challenging the impugned order and judgment dated 23.04.2022 passed by the District Judge (Commercial Court] North West District, Rohini, Delhi in CS (Comm] No.24of 2018.
2. It is submitted that, the case was filed on 30.06.2022 vide Re-Filing Diary No. E-1063523/2022 and thereafter the Appellant fell sick and was affected severely due to after covid long term side effects. Also the counsel tried to communicate with the client but there is no response regarding further instructions and clarification of filing additional
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 06:31:30
documents which were to be filed in further course of time and also the file was misplaced in the Advocates office as the counsel has shifted from old office address: S-Legal Associates, B-66, Lajpath Nagar-1 to New Office Address: 62, T14, Supreme Enclave, Mayur Vihar-I.
3. It is submitted that, during this course of time and after lapse of two years in 2024 vide order dated 02.07.2024 the Appellant received a notice of show cause from District and Sessions Court Aurangabad to appear on 22.07.2024 in case titled “M/s Diamond International Pvt Ltd Vs Vimlesh R.Pal". On receiving this notice the Appellant was reminded of his case at Delhi and sought contact of lawyer at Aurangabad and traced the Lawyer who was engaged at Delhi. On getting in touch the Appellant informed that he was sick and there after his father too fell sick and due to family problems the appellant could not contact back the Advocate and during the process he lost the contact too. The copy of the Show Cause Notice is annexed here with as Annexure-1.
4. It is further submitted that, the Appellant Company is based at It is further submitted that, the Appellant Company is based at Aurangabad, Maharashtra and therefore it was difficult to arrange for the Documents sought by the counsel at Delhi and as the Litigation was pending in another state the Appellant has misplaced the contact and due to family and health emergency forgot the pending
5. It is submitted that the Appellant has not sought any equitable or urgent relief in the present matter and as such there shall be no prejudice caused to the Respondent if the present application is allowed. As such it is only just and necessary that the delay in Refiling the Regular First Appeal (Commercial) of 731 days may kindly be condoned and the Regular First Appeal be taken on record.”
REKHA PALLI, J
SAURABH BANERJEE, J
SEPTEMBER 26, 2024/So
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 06:31:30
2 issues framed by the court
Whether a delay of 752 days in re-filing an appeal can be condoned.
Whether the appellant's explanation of unavoidable circumstances is sufficient to condone the extraordinary delay.
Colour shows how this judgement treated each authority
(None mentioned)Referred
3 provisions across 2 enactments
VIMLESH R PAL
DIAMOND INTERNATIONAL PVT LTD
REKHA PALLI
SAURABH BANERJEE
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
