M/S HI TECH CONSTRUCATIONS ENGINEERS & BUILDERS vs M/S KUBER BUILDER (A UNIT OF KUBER GROUP)

$~11&12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th August, 2025 CM(M) 744/2018 M/S HI TECH CONSTRUCATIONS ENGINEERS & BUILDERS .....Petitioner Through: Mr. Praveen Kumar, Advocate. versus M/S KUBER BUILDER (A UNIT OF KUBER GROUP) .....Respondent Through: None. CM(M) 747/2018 M/S HI TECH CONSTURCTIONS ENGINEERS & BUILDERS .....Petitioner Through: Mr. Praveen Kumar, Advocate. versus M/S R.K BUILDER (A UNIT OF KUBER GROUP) .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in both the abovesaid petitions is identical and, therefore, these are being taken up together. 2. Petitioner had decree(s) in their favour and armed with those, they filed separate execution petitions which were registered as Ex. No 75/2005 and Ex. No. 76/2005. 3. These Execution Petitions were, however, not pursued in the desired CM(M) 744/2018 and CM(M) 747/2018 1 2010. 4. After around seven years, the decree holders moved applications seeking restoration thereof and along with restoration applications, they also moved application(s) under Section 5 of Limitation Act, 1963, seeking to condone the delay. 5. The sole reason assigned