M/S Simba Shopping Pvt Ltd & ORS v. Aero Club

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 758/2019 & CM APPL No.23199/2019, 24119/2019 M/S SIMBA SHOPPING PVT LTD & ORS ..... Petitioners Through : Mr.S.Gowthaman, Advocate.

versus AERO CLUB ..... Respondent Through : Ms.Poonam Lau, Advocate.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 23.05.2019 This petition challenges the impugned order dated 25.10.2016 of the learned Additional District Judge, Central District, Delhi as also review order dated 13.03.2019.

Admittedly, the service was effected upon the petitioners on 16.07.2015 and complete set of documents were supplied to them on said date. However, the written statement was filed by the petitioners only with a delay of 292 days i.e., on 27.04.2016. Though various reasons were alleged by the learned counsel for the petitioner herein viz, illness of father of the petitioners No.2 & 4, marriage of one of the petitioner, wife of another petitioner having delivered a baby; and there being floods in Chennai during November - December 2015, but none of the reason is convincing, more specifically because petitioner no.1 is a company.

The abovesaid reasons were also duly considered and rejected vide the order dated 25.10.2016 as also by impugned order of review. There being no illegality in the impugned orders passed by the

learned Trial Court, I find no force in the instant petition and hence it is dismissed. Pending applications, if any, also stands disposed of. No order as to costs.

YOGESH KHANNA, J.

MAY 23, 2019 M