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2025 Supreme(Online)(Del) 6387

IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J
M/S FMS FR. MAYERS SOHN INDIA PVT. LTD. – Appellant
Versus
BUILTUBE INDUSTRIES LTD & ANR. – Respondent
RFA 391/2021



Advocates:
For the Appellants/Petitioners: Mr. Sajjan K. Singh, Mr. Sona Kumar, Ms. Sangeeta Rani
For the Respondents: None

The court recognized Supreme Court directives on limitation periods in judicial proceedings.

Headnote:The appellant seeks condonation of a delay in filing an appeal under Section 151 of the Code of Civil Procedure, asserting that the delay is covered by the Supreme Court's order excluding certain periods for limitation. The court condones the delay and takes the appeal on board.

Table of Content
1. absence of respondents in court. (Para 1 , 2 , 3 , 4)
2. condoning delay in filing an appeal. (Para 5 , 6 , 12)
3. jurisdiction and relevance of supreme court directives. (Para 10 , 11 , 15)

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 02.09.2025 No one is present on behalf of the respondents when the matter is called-out.

2. The order sheets shows that no one has appeared for the respondents on

06.02.2024, 23.04.2024, 28.11.2024 and 02.05.2025.

3. In view of the above, it appears that the respondents are not interested in being represented in the matter.

4. The respondents are accordingly set ex-parte.

CM APPL. 41636/2021

5. By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellant seeks condonation of about 223 days’ delay in filing the regular first appeal.

6. Notice on this application was issued on 24.11.2021.

7. No reply has been filed by the respondents to this application.

8. As recorded above, the respondents have now been set ex-parte.

9. Mr. Sajjan K. Singh, learned counsel appearing on behalf of the appellant submits, that impugned judgment and decree dated RFA391/2021 Page1of3

23.12.2020 passed by the learned Additional District Judge, New Delhi District, Patiala House Courts, New Delhi in suit bearing CS No. 58670/2016 was passed during the period that is covered by order dated 10.01.2022 passed by the Supreme Court in In re: Cognizance for Extension of Limitation 1, whereby, the Supreme Court had directed “that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings”.

10. Mr. Singh submits, that the present appeal was filed on 11.11.2021 and is therefore clearly covered by the said order of the Supreme Court.

11. The submission is borne-out from the record.

12. In view thereof, the delay of about 223 days’ in filing the present appeal is condoned.

13. The appeal is taken on Board. 14. The application is disposed-of.

RFA 391/2021

15. The court has heard Mr. Singh, who submits, that the learned trial court had the territorial jurisdiction to entertain and decide the suit since a part of the cause of action had arisen within the jurisdiction of that court in Delhi. In support of his submission, learned counsel has placed reliance on section 19 of the CPC.

16. Learned counsel seeks time to cite judicial precedents in support of his contention.

17. For the above purpose, re-notify on 22nd December 2025.

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