CASABLANCA APPARELS PVT LTD vs POLO/ LAUREN COMPANY L.P

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 23 July 2025 Judgment pronounced on: 30 July 2025 + FAO (COMM) 59/2024 & CM APPL. 25591/2024 CASABLANCA APPARELS PVT LTD .....Appellant Through: Mr. Manu T.R. and Ms. Shalini Sukumaran, Advs. versus POLO/ LAUREN COMPANY L.P. .....Respondent Through: Mr. Anirudh Bakhru, Mr. Rishi Bansal, Ms. Kanupriya Sabharwal and Ms. Shruti Manchanda, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 30.07.2025 OM PRAKASH SHUKLA, J. CM APPL. 18671/2024 (for delay) 1. This is an application filed on behalf of the appellant under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 73 days in filing the present appeal interdicting an order dated 20.10.2023 passed by the learned District Judge (Commercial court- 02), South, Saket Courts, New Delhi in CS (COMM) No. 523/2022. By the said common order, the learned District Judge has allowed application XXXIX Rule 1 & 2 CPC filed by respondent herein and Signature Not Verified Signed By:GUNN FAO (COMM) 59/2024 Page 1 of 9 Signing Date:31.07.2025 11:54:27 dismissed the application of appellant filed under section XXXIX Rule 4 CPC. 2. Since, the present appeal is delayed by 73 days as mentioned in the delay application, it would be apposite to quote the relevant provisions governing the filing of the present appeal and the prescribed period of limitation. In terms of section 13(1-A) of the Commercial Courts Act, 2015 an appeal arising from any judgment or order passed by the Commercial Court must be filed within a period of sixty days. The relevant portion of the section is reproduced. “13. Appeals from decrees of Commercial Courts and Commercial Divisions.—(1) Any person aggrieved by the judgment or order of a Com