JUDGMENT :

YOGESH KHANNA, J.

CAV 222/2019

Counsel as above appears for the respondent/caveator. The caveat is discharged.

CM APPL.No.10258/2019

The reasons mentioned in the application the delay of 05 days in refiling of appeal stands condoned. The application stands disposed of.

CM APPL.No.10257/2019

Exemption allowed, subject to all just exceptions. The application stands disposed of.

RFA 178/2019

1. This appeal is preferred by the appellant/plaintiff against the judgment and decree dated 13.08.2018 passed by the learned Additional District Judge-12/Central District, Tis Hazari Courts, Delhi (hereinafter referred as the learned ‘Trial Court’) in CS No.16718/2016 whereby the suit of the appellant for recovery of Rs.14,24,739/- was dismissed post trial.

2. The brief facts are:-

(a) the appellant company is a duly incorporated company under the Companies Act and has filed this suit through Sh.Ram Kumar, its principal officer, who was authorised by a Board’s resolution dated 25.07.2006 to institute the suit and adduce evidence;

(b) it was the case of the appellant that defendant No.4 was run