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IN THE HIGH COURT OF DELHI AT NEW DELHI
NITIN WASUDEO SAMBRE, AJAY DIGPAUL
Tanishq Agencies – Appellant
Versus
Ventura International Pvt Ltd – Respondent
| Table of Content |
|---|
| 1. condonation of delay requires sufficient reason. (Para 1 , 2) |
| 2. court emphasized diligence in litigation. (Para 3 , 5 , 10 , 11 , 12) |
| 3. first appeal addressed despite delay. (Para 6 , 7 , 8 , 9) |
| 4. issues framing is crucial for trial. (Para 14 , 24) |
| 5. limitation calculated based on mutual accounts. (Para 26 , 27 , 32) |
| 6. open and current accounts require evidence. (Para 28 , 30) |
| 7. appeal dismissed for lack of merit. (Para 56) |
JUDGMENT :
AJAY DIGPAUL, J.
CM APPL 74949/2025 & CM APPL 74950/2025 (Condonation of delay of 1,000 days in filing and 14 days in re-filing the appeal)
1. These applications by the appellants/defendants, Appellants hereinafter seek condonation of delay in filing and re-filing the present appeal. The time limit for challenging a money decree as laid down under Section 13 of the Commercial Court Act, 2015, is 60 days, with the present appeal being filed after a delay of 1,000 days.
2. Section 5 of Limitation Act, 1963, allows a court to condone delay where sufficient cause is shown. The application for condonation assigns the reason for this delay as an inability to contact their counsel due to COVID-19 and update themselves regarding the dates of
The delay in filing an appeal is not condoned when insufficient diligence is shown, and limitation is calculated based on the last payment, confirming the applicability of Articles 1 and 113 of the L....
Timely communication of judgments is critical, and failure to act diligently does not justify excessive delays in filing appeals under commercial law.
The appeal in commercial matters requires strict adherence to timelines under the Commercial Courts Act, and negligence in filing cannot justify delay beyond stipulated periods.
The court denied condonation of a 721-day delay in appeal filing due to lack of sufficient cause and negligence in prosecution, emphasizing that such delays in commercial matters require strict adher....
Actual service of summons by registered post acknowledgment due is valid, even if defendants reside outside jurisdiction, and non-compliance with procedural rules does not equate to no service.
Point of law: Once court accepts explanation as sufficient it is the result of positive exercise of discretion and normally the superior court should not disturb such finding, much less in revisiiona....
The court may condone delays in filing appeals where sufficient cause is shown, including circumstances beyond a party's control, advocated particularly in light of unprecedented events like a pandem....
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