Silver Fern Hotels Pvt Ltd v. Geeta Aggarwal

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 421/2012 SILVER FERN HOTELS PVT LTD .....Appellant Through:

None.

versus GEETA AGGARWAL .....Respondent Through:

Mr. Rajesh Manchanda and Mr.

Mayank Nautiyal, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 17.03.2026 1.

This hearing has been done through hybrid mode. 2.

The present appeal under Section 96 and Order 41 read with Section 151 of the CPC seeks the following prayers:

"I. Accept the appeal by setting aside the judgement and decree dated 06.07.2012 passed in Suit No. 01/12 thereby dismissing the suit qua the appellant on the grounds as hereinabove. II. Cost of the appeal may please be also awarded in favour of the appellant and against the respondents.

III. Any other or further relief(s) which this Hon'ble Court may deem fit and proper may please be also passed in favour of the appellant and against the respondents."

3.

Vide order dated 16.10.2012, the operation of the impugned judgment and decree dated 06.07.2012 was stayed, subject to the appellant depositing the entire decreetal amount. However, the appellant did not deposit the same and filed an application, CM APPL 19023/2012, for varying the order dated 16.10.2012. The said application was dismissed vide order dated 03.12.2012, whereby it was observed that since the terms of order dated 16.10.2012 had 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 20/03/2026 at 13:23:30

not been complied, interim order stands vacated and there is no stay. 4.

None appears on behalf of the appellant today. 5.

There was no appearance on behalf of the appellant on 06.12.2024, 15.04.2025 and 30.10.2025 as well.

6.

Report with regard to the Court notice issued to the appellant vide order dated 30.10.2025 for today has come back unserved with remarks "left the address many years ago".

7.

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

Pending application(s), if any, also stands disposed of. AMIT SHARMA, J MARCH 17, 2026/bsr/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 20/03/2026 at 13:23:30