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2025 Supreme(Online)(Del) 6556

IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J
M/S ASHA ENTERPRISES PVT. LTD. – Appellant
Versus
M/S OSRAM INDIA LTD. NOW KNOWN AS LEDVANCE PVT. LTD. – Respondent
RFA 812/2025



Advocates:
For the Appellants/Petitioners: Mr. Sanjay Bansal
For the Respondents:

The court can condone delays and requisition trial court records under the CPC to facilitate appeals.

Headnote:In this matter, the appellant sought condonation of delay in re-filing the regular first appeal under section 151 of the CPC, which was granted by the court. The court also ordered that the trial court record be requisitioned electronically, allowing the appellant to take necessary service steps and ensuring no reply was required in the appeal. The appeal successfully moved forward with notice issued to the respondent.

Table of Content
1. court grants exemption from filing requirements. (Para 2 , 3)
2. procedures for requisitioning court records are established. (Para 4 , 5 , 6)
3. first appeal and notice procedures are discussed. (Para 8 , 9 , 10)
4. next steps for the appeal are outlined. (Para 12 , 13 , 14 , 15)

O R D E R

% 29.08.2025 CM APPL. 54348/2025 (exemption)

CM APPL. 54345/2025 (exemption from filing trail court record)

Exemptions granted, subject to just exceptions.

Let requisite compliances be made within 01 week.

The applications stand disposed of.

CM APPL. 54347/2025 (for condonation of delay in re-filing the appeal)

By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellant seeks condonation of about 25 days’ delay in re-filing the regular first appeal.

2. For the reasons stated in the application, which is duly supported by affidavit, the delay is condoned.

3. The application is allowed and disposed-of.

RFA812/2025 Page1of3 CM APPL. 54346/2025 (for requisitioning trial court record

4. By way of the present application filed under section 151 of the CPC, the appellant/applicant seeks an order for requisitioning the trial court record.

5. For the reasons stated in the application, which are duly supported by affidavit, the application is allowed.

6. Let trial court record be requisitioned in electronic form; and copy of TCR be supplied to counsel on request.

7. The application stands disposed-of.

RFA 812/2025

8. By way of the present regular first appeal filed under section 96 read with section 151 of the CPC, the appellant impugns judgment and decree dated 22.02.2025 passed by the learned Additional District Judge, South District, Saket Courts, New Delhi in suit bearing CS DJ No. 5711/2016.

9. Issue notice.

10. Upon the appellant taking steps, let notice be sent to the respondent by all permissible modes, returnable for the next date.

11. Let trial court record be requisitioned in electronic form; and copy of TCR be supplied to counsel on request.

12. Mr. Sanjay Bansal, learned counsel appearing for the appellant submits, that a cross-appeal bearing RFA No. 762/2025 has been filed by the respondent, on which notice has been issued; and which is next listed on 11.11.2025 before the learned Joint Registrar.

13. In view of the above, re-notify on 11th November 2025 before the learned Joint-Registrar for completion of service.

RFA812/2025 Page2of3

14. No reply is required in the appeal.

15. List before court thereafter.

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