Appeal against rejection of a recovery suit was filed with a 315-day delay. The condonation application lacked medical evidence and specifics about a family FIR, and no one appeared despite an earlier adjournment to file an affidavit. The court found no grounds to condone the delay and dismissed both the application and the appeal.
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.....APPELLANT
Through: None.
versus
JITENDER SINGH .....RESPONDENT Through: Ms Shruti Kapur, Mr Modassir Husain Khan and Manoj K Singh, Advocates.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 20.03.2025
CM APPL. 51459/2024(condonation of delay of 315 days)
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The impugned judgment is rendered on 16.05.2023 and the present appeal was filed on 29.07.2024, which is after 315 days delay.
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adjourned at the request of the learned counsel for the appellant, as the court had found that the grounds for seeking condonation of delay were vague and did not inspire confidence. The order dated 04.12.2024 is set out below:-
“1. The present appeal under Section 13 of the Commercial Courts Act, 2015 seeks to assail the judgment and decree dated 16.05.2023 passed by the learned District Judge (Commercial) Shahdara District, Karkardooma Courts in CS 415/2021. Vide the impugned judgement, the suit preferred by the appellant/plaintiff has been dismissed.
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RFA(COMM) 366/2024
VIBHU BAKHRU, J
TEJAS KARIA, J
MARCH 20, 2025 M
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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 26/03/2025 at 14:04:27
1 issue framed by the court
Should the 315-day delay in filing the commercial appeal be condoned given the appellant's claimed health issues and FIR-related distress?
M/s Hello Garments
Jitender Singh
Vibhu Bakhru
Tejas Karia
As recorded by the court registry
A first appeal against a decree of a Commercial Court under the Commercial Courts Act 2015.
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