HOLY FAITH INTERNATIONAL PVT LTD vs CROSS COUNTRY HOTELS LTD & ANR

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd April, 2025 + FAO 482/2017 HOLY FAITH INTERNATIONAL PVT LTD .....Appellant Through: Mr. Raj Kamal, Mr. Aseem Atwal, Ms. Stuti, Mr. Harneet Singh and Mr. Manish Kumar Sharma, Advs. versus CROSS COUNTRY HOTELS LTD & ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. This appeal is being preferred by the appellant under Order XLIII Rule 1(c) read with Section 151 of the Code of Civil Procedure, 1908 [“CPC”], for setting aside the impugned order dated 18.08.2017 passed by the learned ADJ-01 (South) New Delhi [“Trial Court”], whereby its application under Order IX Rule 9 of the CPC was dismissed. 2. Having heard the learned counsel for the appellant and upon perusal of the record, this Court has no hesitation in holding that the present appeal is bereft of any merits. 3. It is borne out from the record that the suit instituted by the appellant for recovery for earnest money in terms of MoU 1 dated 02.04.2007 besides damages and mesne profits came to be dismissed for non-appearance of the Authorized Representative of the appellant and his counsel on 20.03.2014. 1 Memorandum of Understanding Signature Not Verified FAO 482/2017 Digitally Signed By:PRAMOD Page 1 of 3 KUMAR VATS Signing Date:23.04.2025 17:07:41 The present application under Order IX Rule 9 of the CPC was filed on 18.07.2014, which came to be dismissed vide the impugned order dated 18.08.2017 and, it would be expedient to reproduce the impugned order which reads as under: “Vide this order, I shall decide the application of plaintiff filed U/O.IX R.9 CPC and application for condonation of delay in filing the application U/O.IX R.9 CPC. The suit was dismissed in default vide order dated 20