Ck Metal Works & Surendra Electricals v. Bses Yamuna Power Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 650/2010 & CM APPL. 16275/2010 CK METAL WORKS & SURENDRA ELECTRICALS.....Appellant Through:

None.

versus BSES YAMUNA POWER LTD .....Respondent Through:

Mr. Manish Srivastava, Mr. Moksh Arora, Mr. Santosh Ramdurg, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 25.03.2026 1.

This hearing has been done through hybrid mode. 2.

The present appeal under Section 96 of the CPC seeks the following prayers: - "It is, therefore, most respectfully prayed that the appeal of the appellant may please be accepted, set aside the impugned judgment and decree of the trial Court dated 10.09.2009 passed in Civil Suit No. 238/2005 by the Ld. Court of Sh. Sanjeev Jain, ADJ, Delhi and allow/decree the suit, of the appellant/plaintiff as prayed for, in the interest of justice."

3.

Vide order dated 28.11.2011, learned Predecessor Bench of this Court passed the following order: - "C.M. No. 16274/2010 (condonation of delay) For the reasons stated in the application, delay of 139 days in filing the appeal is condoned subject to payment of costs of Rs. 5,000/- within two weeks. In case, costs are not deposited within two weeks, the appeal will be deemed to be dismissed."

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 16:07:40

4.

There has been no appearance on behalf of the appellant on 15.02.2012, 29.11.2024, 06.12.2024, 11.12.2024, 17..12.2024, 10.02.2025, 09.05.2025 and 06.11.2025.

5.

Court notice issued to the appellant vide order dated 09.05.2025 has come back unserved with remarks that no such person resides at the address given in the memo of parties.

6.

None appears on behalf of the appellant today and cost in terms of the aforesaid order has also not been deposited.

7.

In view of the above, the present appeal is dismissed in default for nonprosecution and disposed of. 8.

Pending application(s), if any, also stand disposed of. 9.

Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J MARCH 25, 2026/kr/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 30/03/2026 at 16:07:40