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2023 Supreme(Del) 4615

VIBHU BAKHRU, AMIT MAHAJAN
Naresh Kumar Sabherwal – Appellant
Versus
Dinesh Gupta – Respondent


Advocates appeared:
Mr. Pramod Kumar Ahuja and Mr. Sumit Sahni, Advocates, for the Appellant.

JUDGMENT

Vibhu Bakhru, J. (Oral)

CM APPL. 26829/2023 (condonation of delay in filing the appeal before this Hon'ble Court)

1. For the reasons stated in the application, the same is allowed and the delay in filing the present appeal is condoned.

2. The application stands disposed of.

CM APPL. 26828/2023 (exemption from filing the certified copies of impugned judgment as well as of annexures as well as typed, dim and less margin copies)

3. Exemption allowed, subject to all just exceptions.

4. The application stands disposed of. RFA(COMM) 98/2023 & CM APPL. 26830/2023

5. The appellant has filed the present appeal impugning judgment and decree dated 22.12.2022 passed by the learned Commercial Court in CS (COMM) No. 531/2019 (`the impugned judgment').

6. The appellant had filed the aforementioned suit, inter alia, praying for a decree of Rs.9,20,514/-(Rupees Nine Lakhs Twenty Thousand Five Hundred and Fourteen Only) along with interest at the rate of 18% per annum.

7. The appellant's (plaintiff's) cause of action rested on failure on the part of the respondents to pay rent in terms of the Lease Deed dated 18.09.2013 ( hereafter `the Lease Deed') in respect of Shop No. 44, Old Rajind

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