M/S Rattan Lal & Company Pvt Ltd v. Sanjay Jain

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 236/2019 M/S. RATTAN LAL & COMPANY PVT. LTD. ..... Appellant Through:

Mr. Jitin Sahni and Mr. Deepak Jain, Advocates.

versus SANJAY JAIN AND ANR. ..... Respondent Through:

Mr. Abhimanyu Mahajan and Mr.

Nitish Chaudhary, Advocates.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 21.01.2020 C.M. APPL. 50467/2019 (condonation of delay)

1. For the reasons explained in the application, the delay in re-filing the appeal is condoned and the applications is allowed. C.M. APPL. 50466/2019 (condonation of delay) & FAO(OS) 236/2019

2. There is a delay of 135 days in filing this appeal. The explanation for the delay given in paragraph 2 of the application reads thus: "2. That there is delay of 135 days in filing the present petition due the fact that the erst while counsel did not returned the case file and it took some time to get the certified copies of the complete case files. The delay in filing the present petition is unintentional and bonafide, therefore, the delay in filing the present petition be condoned in the interest of justice."

3. The Court is not satisfied that these are bonafide reasons why an FAO(OS) 236/2019 Page 1 of 2

extraordinary delay of 135 days should be condoned.

4. The application is accordingly dismissed. Consequently, the appeal is also dismissed.

S. MURALIDHAR, J.

TALWANT SINGH, J.

JANUARY 21, 2020 rd FAO(OS) 236/2019 Page 2 of 2