Smc Nova Estate Private Limited v. Surya Marketing Company

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 172/2024 & CM APPL.50119/2024 (Exemption) SMC NOVA ESTATE PRIVATE LIMITED .....Appellant Through:

Mr. Satish Kumar and Mr. Rakesh Tiwari, Advocates.

versus SURYA MARKETING COMPANY .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA % 30.08.2024

O R D E R

FAO (COMM) 172/2024 & CM APPL.50120/2024 (condonation of delay of 110 days in filing the appeal) 1.

The appellant has filed the present appeal impugning an order dated 26.03.2024, whereby its application for review of an order dated 28.07.2023 passed under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (hereafter the CPC), was rejected. The appellant also impugns the said order dated 28.07.2023.

2.

The appeal against the order dated 26.03.2024 is not maintainable under Section 13 (1A) of the Commercial Courts Act, 2015, read with Order XLIII Rule 1 of the CPC.

3.

The learned counsel for the appellant submits that the present appeal be treated solely as an appeal against the order dated 28.07.2023. 4.

It is apparent that the appeal against the said order is hopelessly barred by limitation. The learned counsel for the appellant submits that the appellant had filed an application seeking review of the said order within a period of one month from the date of the said order which was dismissed by 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 03/09/2024 at 11:52:53

the order dated 26.03.2024 and therefore, the said period may be excluded for the purpose of the limitation. Even if we accept the said contention (which we do not), there is an inordinate delay in filing the present appeal as it has been filed almost five months after the dismissal of the appellant's application for review of the order dated 28.07.2023. There is no explanation for this delay.

5.

The application seeking condonation of delay in filing the present appeal is thus rejected.

6.

The present appeal is dismissed. The pending application is also disposed of.

VIBHU BAKHRU, J SACHIN DATTA, J AUGUST 30, 2024 r 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 03/09/2024 at 11:52:53