* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 07^th January, 2026 Pronounced on: 12^th March, 2026 RFA 1158/2025 & CM APPL. 80384/2025 SH. P.K. CHAWLA (Aged about 79 years)

S/o Sh. B.L. Chawla, R/o B-119, Shivalik, New Delhi Presently at: R/o J.P. Aman, Flat No. 1803, Sector-141, Tower No. 12, Noida, U.P. .....Appellant Through: Mr. M.D. Jangra, Advocate.

versus

1. UNION OF INDIA (substituted as P/f vide Order dated 17.04.2018 in place of Organizing Committee Commonwealth Games 2010, Delhi)

Through the Secretaries, Department of Sports, Ministry of Youth Affairs & Sports, Shastri Bhawan, New Delhi.

2. GP. CAPT. KUK REDDY (Impleaded as D/f vide Order dated 07.04.2014)

Flat No. C 22, S.S. Apartment, Sector-9, Dwarka, New Delhi. .....Respondents Through: Mr. Udit Dedhiya, SPC with Mr.Shivam Sharma, GP, Ms. Apurva Sachdev and Mr. Preyansh Gupta, Advocates for UOI.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

CM APPL. 80385/2025

1. The Appellant has filed an application under Section 5 of the Limitation Act r/w Section 151 Code of Civil Procedure, 1908 (hereinafter referred to as „CPC‟) seeking Condonation of Delay of 28 days in filing the Appeal against the Judgment dated 30.07.2025.

2. It is stated that the Appellant a senior citizen applied for certified copy of the entire Trial court record and the impugned Judgment, on 22.09.2025 which were supplied on 18.10.2025. Thereafter, he approached the Counsel on 25.10.2025 and the Appeal was prepared after examining the voluminous record and filed in the second week of November, 2025. It is submitted that the time consumed in obtaining certified copied deserves exclusion and the delay, if any, is neither intentional nor deliberate, but occurred due to circumstances beyond the Appellant’s control.

3. For the reasons stated in the Application, the delay of 28 days in filing the Appeal is condoned. Application is accordingly, disposed of RFA 1158/2025:

4. The instant Appeal is filed by the Appellant herein under Section 96 of the CPC, r/w Order XLI Rule 1 of the CPC, against the impugned Judgement and Decree dated 30.07.2025, whereby the Ld. District Judge, New Delhi has decreed the Civil Suit for the recovery of Rs. 4,16,500/- along with pendente-lite and future interest @ 3% p.a., against Defendant no. 1/Appellant.

Factual background:

5. The Plaintiff/Respondent filed Suit for recovery of Rs. 4,16,500/- along with pendent-lite interest @18%, as arrears for Transport Allowance in the Commonwealth Games 2010. This is a recovery dispute arising out of payment of Organising Committee. Originally the Suit was filed by the Organising Committee, Commonwealth Games 2010, Delhi and later, after the Committee ceased to function, the Union of India was substituted as the Plaintiff.

6. The facts in brief, as stated in the Plaint, are that Sh. P.K. Chawla / Defendant No.1 was appointed Deputy Director (Accounts) on 02.05.2007 and was subsequently promoted from time to time and was finally promoted as Deputy Director General (Internal Audits), vide Order dated 31.08.2010 with retrospective effect from 01.04.2009.

7. After this promotion, he submitted a Note dated 09.09.2010 claiming Transport Allowance retrospectively, from 01.04.2009 @Rs. 26,000/- per month. The file was processed by Group Capt. K.U.K. Reddy, who approved and recommended payment, pursuant to which a lump sum amount of Rs. 4,16,500/- was paid to Defendant No.1, towards Transport Allowance. This payment came to the notice of Special Director General (Finance & Accounts) Mr. G.C. Chaturvedi and he proposed recovery of said amount, from Defendant no.1.

8. It is further stated that after completion of Commonwealth Games, the High-Level Committee chaired by Mr. V.K. Shungalu, was set up which in its 5th Report, made adverse observations on reimbursement of Transport Allowance made to Defendant no.1. Thereafter, vide Letters dated

29.03.2011 and 13.04.2011, Defendant no.1 was requested to refund the amoun