RAJIV KHANNA (SINCE DECEASEDJ) THROUGH LR. vs M/S. TSG INTERNATIONAL MARKETING PVT LTD. & ANR.

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 10/2025, CM APPLs. 2035/2025, 2036/2025 & 2037/2025 RAJIV KHANNA (SINCE DECEASEDJ) THROUGH LR. .....Appellant Through: Mr. Aayushman Gauba and Mr. Dhruv Goyal, Advs. versus M/S. TSG INTERNATIONAL MARKETING PVT LTD. & ANR. .....Respondents Through: Mr. Vipin Singhania and Mr. Diwakar Chirania, Advs. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 17.01.2025 C.HARI SHANKAR, J. 1. The impugned order passed by the learned Trial Court rejects an application for condonation of 11 months delay in filing restoration application to restore the suit which was dismissed in default for non- prosecution on 16 August 2023. 2. The stand taken by the appellant before the learned Trial Court was that there was negligence on the part of his counsel, which resulted in the default in appearance. Signature Not Verified Signed By:MEENU FAO (COMM) 10/2025 Page 1 of 3 KALRA Signing Date:24.01.2025 14:51:48 3. Mr. Vipin Singhania, learned Counsel for the respondent submits that it is now common practice to blame Counsel for delay in approaching the Court. 4. We do not wish to enter into this thicket, as the delay in filing the restoration application is only of 11 months. 5. The right to prosecute legal remedies is a fundamental right under our constitutional scheme. It should not, therefore, save and except where there is no other option, be jettisoned. 6. In view thereof, we are of the opinion that, given the fact that the delay in filing the restoration application is only of 11 months, the interests of justice would be best subserved if the present application is allowed, subject to terms. 7. Accordingly, subject to the appellant paying costs of ₹25,000/- to the Delhi High Court Legal Servi