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2013 Supreme(Del) 1656

RAJIV SAHAI ENDLAW
KUSUM ENTERPRISES – Appellant
Versus
VIMAL KOCHHAR – Respondent


Advocates Appeared:
Mr. K.C. Mittal & Mr. A. Chauhan, Advs.
Mr. R.S. Mahla, Adv.

JUDGMENT : -

RAJIV SAHAI ENDLAW, J.

1. The appeal impugns the judgment and decree (dated 15.12.2010 of the Court of Additional District Judge (ADJ)-07, Central, Tis Hazari Courts, Delhi in CS No.191/2007 (ID No.02401C0235462007) filed by the respondents / plaintiffs) holding the rent / mesne profits payable by the appellants / defendants to the respondents / plaintiffs till 30.06.2008 @ Rs.60,000/- per month and @ Rs.6,000/- per day with effect from 01.07.2008 to 12.02.2009 with interest at 16%, without specifying from which date to which date. The appeal is accompanied with an application for condonation of 909 days delay in re-filing the same.

2. Notice of the appeal and of the application for condonation of delay was issued and conditional stay granted and in response whereto a sum of Rs.15,00,000/- is reported to have been deposited in this Court. The appeal was on 02.12.2013 dismissed in default of appearance of the appellants / defendants. The appellants / defendants filed an application for restoration and notice whereof was issued for yesterday. The counsel for the respondents / plaintiffs appeared and stated that though as per dicta of this Court in Brij Mohan Vs. Sunita 166































































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