NARESH SHARMA & ANR. vs PRV INDUSTRIES & ANR.

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 720/2025, CM APPLs. 81273/2025, 81274/2025, 81275/2025, 81276/2025, 81277/2025 & 81278/2025 NARESH SHARMA & ANR. .....Appellants Through: Mr. H.K. Chaturvedi and Mr. Sagar Chaturvedi, Advs. versus PRV INDUSTRIES & ANR. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 22.12.2025 C. HARI SHANKAR, J. 1. This appeal has been preferred against a preliminary decree dated 9 December 2022 and final decree dated 6 August 2024. The appeal has come to be filed on or after 17 December 2025 which is the date of the affidavit accompanying the appeal. 2. As this is a commercial appeal, periods of limitation have to be strictly followed and there have to be cogent ground for us to condone delay in view of the law laid down by the Supreme Court in Government of Maharashtra v. Borse Brothers Engineers & Contractors Pvt. Ltd.1. 3. The explanation for the delay, as contained in CM APPL. 1 (2021) 6 SCC 460 Signature Not Verified RFA(COMM) 720/2025 Digitally Signed By:AJIT Page 1 of 3 KUMAR Signing Date:23.12.2025 18:29:06 81275/2025 read thus: “2. That the 1044 days in filing the present appeal against the preliminary decree dated 09.12.2022 is neither intentional nor deliberate, but has occurred due to circumstances wholly beyond the control of the Applicant/Appellant No.1, and therefore deserves to be condoned in the interest of justice. 3. That soon after the passing of the preliminary decree dated 09.12.2022, the Applicant/Appellant No.1, Naresh Sharma, fell seriously ill, due to which he was physically and mentally incapacitated and unable to take timely steps to challenge the said decree. 4. That the medical condition of the Applicant/Appellant No.1 de