The Atlas Electric Industries Pvt Ltd v. Leo Infracapital Limited

$-12 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 155/2016 & CM no. 19400-19401/2016 THE ATLAS ELECTRIC INDUSTRIES PVT LTD Appellant Through Mr. Kapil Khar, Mr. Harsha and Mr. D.R. Bhatia, Advs.

versus LEO ISPAT LIMITED Respondent Through Mr. Sakeel Sarwar Wani, Adv.

$-13 + FAO(OS) 156/2016 & CM Nos. 19406-19407/2016 THE ATLAS ELECTRIC INDUSTRIES PVT LTD Appellant Through Mr. Kapil Kher, Mr. Harsha and Mr. D.R. Bhatia, Advs.

versus LEO INFRACAPITAL LIMITED Respondent Through Mr. Sakeel Sarwar Wani, Adv.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA

ORDER

o/o 20.04.2017 -Zj".

After hrrr-^ some arguments, learned counsel for the respondents states that to cut short the matter and to avoid the delay, the respondents would not oppose the present appeals against rejection of the applications for condonation of delay in By:AMULYA

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k ) filing leave to defend, subject to appropriate costs, which may be imposed. Coajul^ Bxx ^xyj^MiXfilaJrou^ ^'

2.

The respondent companies have filed suits for recovery of Rs. 1,04,12,220/- and Rs.2,05,99,195/-. The appellants were served with summons for judgment on 4.9.2015 and the applications to leave to defend alongwith applications for condonation of delay of 69 days were filed on 27.11.2015.

3.

Keeping in view the period of delay and also the quantum of amount involved in the present suits and in view of the statement made by the learned counsel for the respondents, the appeals are allowed subject to payment of costs of Rs.25,000/- in each suitappeal. The said costs will be paid within a period of four weeks from today. The appeals are allowed in the aforesaid terms, without expressing any opinion on merits.

4.

The appeals alongwith pending applications are disposed of. SANJIV KHANNA, J 1/ ANIL KUMAR CHAWLA, J APRIL 20,2017/rc