Rajesh Dutt Sharma v. Jawahar Lal Gupta & ORS.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 95/2023, CM APPL. 19637/2023 & CM APPL.

26716/2024 RAJESH DUTT SHARMA .....Appellant Through:

Mr. Vibhuti Sushant Gupta, Adv.

versus JAWAHAR LAL GUPTA & ORS.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 17.03.2025 CM APPL. 19636/2023 1.

The appellant is preferring this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ("the Act") assailing the impugned order dated 13.10.2016 passed by the learned ADJ, Saket Courts in CS No.208455/2016, whereby the application of the appellant under Section 8 of the Act was dismissed. In so far as the present application is concerned, the appellant is seeking condonation of delay of almost 1665 days.

2.

The appellant, in his application for condonation of delay states that he is a senior citizen suffering from multiple ailments as is also the case with his wife. It is further stated that due to horde of obstacles that have been put in the daily life of the appellant by the respondents, he was unable to pursue his legal remedies pro-actively and failed to instruct his counsel in a timely manner to file the present appeal. 3.

Ex facie, the aforesaid reasons are very general in nature and are not advancing any sufficient cause for delay of almost 1665 days in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/03/2025 at 12:18:31

filing the present appeal. Though a plea has been taken that there was extension of period of limitation on account of the directions passed by the Supreme Court in the case of "re:Cognizance for Extension of Limitation" from 15.03.2020 to 28.02.2022 on account of covid pandemic, what the appellant overlooks is that the impugned order was passed on 13.10.2016.

4.

Incidentally, it was acknowledged by the learned counsel for the appellant that the civil suit is already pending and the parties are in the process of leading evidence on the relevant matters in issue. 5.

In view of the above, this Court is unable to find any sufficient cause for condonation of delay in filing the present appeal. There are advanced no cogent and legally sustainable grounds to allow the instant application. Hence, the present application is dismissed. FAO 95/2023, CM APPL. 19637/2023 & CM APPL. 26716/2024 6.

In view of the aforesaid reasons, this appeal is dismissed and all pending applications are also disposed of.

DHARMESH SHARMA, J.

MARCH 17, 2025 Ch/Sg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/03/2025 at 12:18:31