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2023 Supreme(Del) 2342
IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA, J.
Syed Fahmi Ali – Appellant
Versus
Sportina Payce Infrastructure Pvt. Ltd - Respondent
Ex.F.A. 4 of 2023
Decided on : 11-01-2023
The court has the discretion to condone the delay in filing an appeal and may grant liberty to approach the Executing Court with an appropriate application regarding the respondent's receipt of an amount from the court in a different proceeding.
Headnote:
DELAY CONDONATION - APPEAL - The court allowed the condonation of delay in filing the appeal and granted liberty to approach the Executing Court with an appropriate application regarding the respondent's receipt of an amount from the court in a different proceeding.
Fact of the Case:
The court considered an application seeking condonation of delay in filing the appeal and granted liberty to approach the Executing Court with an appropriate application regarding the respondent's receipt of an amount from the court in a different proceeding.
Finding of the Court:
The court allowed the condonation of delay in filing the appeal and granted liberty to approach the Executing Court with an appropriate application regarding the respondent's receipt of an amount from the court in a different proceeding.
Issues: Condonation of delay in filing the appeal, liberty to approach the Executing Court with an appropriate application regarding the respondent's receipt of an amount from the court in a different proceeding.
Ratio Decidendi: The court has the discretion to condone the delay in filing an appeal and may grant liberty to approach the Executing Court with an appropriate application regarding the respondent's receipt of an amount from the court in a different proceeding.
Final Decision: The court allowed the condonation of delay in filing the appeal and granted liberty to approach the Executing Court with an appropriate application regarding the respondent's receipt of an amount from the court in a different proceeding.
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
CM APPL. 1251/2023-EXEMP.
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 1253/2023 (DELAY 11 DAYS IN FILING APPEAL)
3. This is an application seeking condonation of delay in filing the appeal.
4. For the reasons stated in the application, the application is allowed. The delay of 11 days in filing the present appeal is condoned.
5. The application is disposed of.
EX.F.A. 4/2023 & CM APPL. 1252/2023 (STAY)
6. Learned counsel for the appellant submits that subsequent to the passing of the impugned order, this court in another petition has released an amount of Rs. 2 Crore in favour of the respondent.
7. In view of the above, learned counsel seeks liberty to approach the Executing Court with an appropriate application in respect of the submission that the respondent has already received an amount of Rs.2 Crore from this court in a different proceedings.
8. In view of the above submissions, the liberty sought is granted without prejudice to the rights & contentions of the appellant.
9. The appeal is disposed of in accordance with the aforesaid directions.
