M/S TAKSHASHILA HOTELS PVT LTD vs MOHD ILLYAS

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30.01.2025 + RFA(COMM) 570/2024 M/S TAKSHASHILA HOTELS PVT LTD .....APPELLANT Through: Mr. Rajesh Ranjan and Mr. Sohaib Alam, Advs. versus MOHD ILLYAS .....RESPONDENT Through: Ms. Kritika Gupta, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J. (ORAL) CM APPL. 76615/2024 1. Allowed, subject to all just exceptions. CM APPL. 76616/2024 2. The present application has been filed by the Appellant, seeking condonation of a delay of 6 days in filing the appeal. 3. For the reasons stated in the application, the delay of 6 days in filing the Appeal is hereby condoned. 4. The application stands disposed of. RFA(COMM) 570/2024 5. The present Regular First Appeal, under section 13(1A) of the Commercial Courts Act, 2015 (‘CC Act’), has been filed by the Signature Not Verified Digitally Signed RFA(COMM) 570/2024 Page 1 of 18 By:NEELAM Signing Date:12.02.2025 13:09:19 Appellant challenging the Judgment dated 31.08.2024 passed by the learned District Judge (Commercial-02), South-East, Saket Courts, Delhi (‘Trial Court’) in CS (Comm) 443/2023, vide which the Appellant has been directed to pay a sum of Rs. 16,76,537/- (Rupees Sixteen Lacs Seventy-Six Thousand Five Hundred and Thirty-Seven Only) along with an interest at the rate of 6% per annum from the date of last payment, that is 02.03.2020, till the date of filing of the aforesaid suit, that is 06.05.2023. Brief Facts: 6. In the present case, the Respondent filed the above Commercial Suit seeking recovery of Rs. 16,76,537/- along with interest at the rate of 18% per annum from the Appellant, M/s Takshashila Hotels Pvt. Ltd., which is a private limited Company engaged in the business of running Hotels and dining Restaurants