Cheena Kapoor v. Monica Bansal

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 683/2025 CHEENA KAPOOR .....Appellant Through:

Counsel for Appellant (appearance not given).

versus MONICA BANSAL .....Respondent Through:

Ms. Neetu Gupta, Advocate for Mr.

S.K. Bhaduri, Advocate.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.03.2026 CM APPL. 18225/2026 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CM APPL. 18224/2026 (for restoration) 3.

Application under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the Appellant for restoration of RFA No. 683/2025.

4.

It is submitted that the main counsel was suffering from serious ailment on account of which, he had not been appeared. The non-appearance of the Appellant on 27.11.2025 was not deliberate. 5.

For the reasons stated in the Application, the accompanying Appeal is restored subject to cost of Rs.10,000/-, to be deposited with the Delhi High Court Advocates' Welfare Trust, within seven days. 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 30/03/2026 at 16:09:00

6.

The Application is allowed and disposed of accordingly. CM APPL.18226/2026 (delay) 7.

Application under Section 5 of the Limitation Act read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the Appellant for condonation of delay of 10 days in filing the Application bearing CM APPL. 18224/2026. 8.

The reasons given therein are essentially the same as stated in the Application.

9.

Learned counsel for the Respondent has pointed out that there was a delay of more than two months while it has been erroneously stated in the Application that the delay is of 10 days. The Application is, therefore, opposed.

Submissions heard and the record perused.

10.

For the reasons stated in the Application, the delay of 10 days in filing the Application bearing CM APPL. 18224/2026, is condoned. 11.

The Application is allowed and disposed of accordingly. RFA 683/2025 12.

Be listed for arguments on 01.12.2026.

13.

Written submissions be filed by both the parties within eight weeks failing which the same shall be accepted subject to cost of Rs.25,000/- with the Delhi High Court Advocates' Welfare Trust. 14.

E-Trial Court Record be summoned for the said date. NEENA BANSAL KRISHNA, J MARCH 24, 2026/RS 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 30/03/2026 at 16:09:00