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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Victoria Cross India Pvt Ltd – Appellant
Versus
Victrorinox AG – Respondent
| Table of Content |
|---|
| 1. condonation of delay application details (Para 1 , 2 , 3) |
| 2. supreme court's observations on delay in commercial disputes (Para 4 , 5 , 6) |
| 3. applicability of limitation act to commercial appeals (Para 7 , 8 , 9) |
| 4. delays due to dissolution and assignment bindings (Para 10 , 11 , 12 , 13) |
| 5. rejection of condonation for delay in appeal (Para 14 , 15 , 16 , 17) |
JUDGMENT :
C. HARI SHANKAR, J.
CM APPL. 72307/2024 (delay)
1. By this application, the appellant in RFA(Comm) 532/2024 seeks condonation of delay of 195 days in filing the present appeal, which has been preferred under Section 13 of the Commercial Courts Act, 2015 against a judgment dated 23 March 2024 passed by the learned District Judge (Commercial-08), Tis Hazari Courts, ["learned Commercial Court” hereinafter].
2. As the earlier application filed for condonation of delay did not contain sufficient particulars, Mr. Jaitley, learned Counsel for the appellant, sought and was granted permission to file an additional affidavit explaining the delay of 195 days in preferring the appeal. He has done so.
3. We deem it appropriate to reproduce paras 16 to 22 of the affidavit thus, as the earlier paragraphs deal with the
Delays beyond prescribed periods in commercial appeals can be condoned only in exceptional cases, requiring demonstration of bona fides and absence of negligence by the appellants.
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....
Timely communication of judgments is critical, and failure to act diligently does not justify excessive delays in filing appeals under commercial law.
Limitation – Law of limitation cannot be read in such a manner whereby parties stop showing any modicum of regard for their own rights and on pre-text of untimely communication continue to litigate w....
A Chief Financial Officer must be authorized by the company's Board to institute legal proceedings; lack of authorization renders the suit non-maintainable under the Companies Act.
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