The Atlas Electric Industries Pvt Ltd v. Leo Ispat Limited

Delhi High Court · 20 Apr 2017 · 2017:DHC:9043-DB
Sanjiv Khanna; Anil Kumar Chawla
FAO(OS)155/2016
2017:DHC:9043-DB
civil appeal_allowed

AI Summary

The Delhi High Court allowed appeals against rejection of condonation of delay applications in recovery suits involving substantial amounts, subject to payment of costs, enabling the appellants to defend on merits.

Full Text
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$-12& 13 HIGH COURT OF 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 ANILKUMAR 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 ofthe applications for condonation ofdelay in
2017:DHC:9043-DB
I JI|UilI|ll|L.^I,g|ll« -TTr^— ' k
) filing leave to defend,subject to appropriate costs,which may be imposed. Coajul^ Bxx ^xyj^MiXfilaJrou^ ^'
JUDGMENT

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 of69 days were filed on 27.11.2015.

3. Keeping in view the period ofdelay and also the quantum of amount involved in the present suits and in view ofthe 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 offour 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