Bela Creation Pvt Ltd v. Jai Durga Traders Pvt Ltd

1. On the previous date i.e., 10.01.2024 we had heard the matter at length.

2. The record shows that notice was issued in the appeal by the coordinate bench on 19.10.2022. 2.[1] On the said date, the coordinate bench stayed the impugned judgment dated 22.02.2022 whereby conditional leave to defend was granted, subject to the appellant depositing Rs.15 lakhs with the Registrar General of this court within six (06) weeks.

3. It is not disputed by the counsel for the appellant that the said sum has not been deposited by the appellant. 3.[1] It is in this context that nearly one year and three months later, an application was moved seeking permission to deposit the money. 3.[2] This application came up before the court on 10.01.2024 when, it was dismissed as withdrawn.

4. However, insofar as the appeal was concerned, the following was observed by the Court on 10.01.2024: RFA(COMM) 80/2022

5. Having regard to the fact that pending the above-captioned appeal a final judgment was rendered by the trial court, against which an appeal was preferred which was withdrawn by the appellant, according to us, nothing survives in the instant appeal as was noted on 10.01.2024.

6. The only reason the appeal was kept back on 10.01.2024 was on the insistence of the learned senior counsel appearing for appellant on that date that only the application for extension of time to deposit the money (as ordered by the court on 19.10.2022) had been listed, and not the appeal. 6.[1] Accordingly, the appeal, as requested, was stood over to the date already fixed i.e., today [07.02.2024].

7. We have heard the learned counsel for the appellant.

8. We find no good reasons to entertain the appeal. The appeal is accordingly dismissed.

9. Consequently, pending application shall stand closed.

RAJIV SHAKDHER, J AMIT BANSAL, J FEBRUARY 8, 2024 / tr