DAUS PACKAGING INDIA PVT LTD vs AMIT SHARMA

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 550/2025, CM APPL. 59516/2025, CM APPL. 59517/2025, CM APPL. 59518/2025 & CM APPL. 59519/2025 DAUS PACKAGING INDIA PVT LTD .....Appellant Through: Mr. Jitendra Mishra, Adv. versus AMIT SHARMA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 18.09.2025 C. HARI SHANKAR, J. CM APPL. 59517/2025 1. This appeal has been filed with an enormous delay of 483 days. 2. CM APPL 59517/2025, which seeks condonation of delay, reads thus: “APPLICATION·UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY IN FILING OF PRESENT FIRST APPEAL READ WITH SECTION 151 CPC MOST RESPECTFULLY SHOWTH: 1. That the present petition is being filed Impugning the order th dated 26 Feb 2024 passed by the Ld District Judge, Commercial Court, District West Tis Hazari Courts, Delhi in CS (Comm) No. 447/2023. The contents of the accompanying petition may be read as part of the present application. 2. That appellant has filed an application for condonation of delay in not filling appeal within 60 days. RFA(COMM) 550/2025 Signature Not Verified Page 1 of 2 Digitally Signed By:AJIT KUMAR Signing Date:19.09.2025 19:06:43 3. That since November 2023 counsel for defendant suffering from, huge personal family difficulty as in the month of July counsel for the defendant lost his grandfather and after getting recovered from that huge loss father of the counsel met with an accident that created a huge mental trauma to the counsel of the defendant therefore appeal could not be filled within the stipulated time period before this Hon'ble Court. 4. That the delay of 483 days in filling of present appeal after deducting the 60 days period of filing an appeal before this Hon'ble cou