SIMPLEX INFRASTRUCTURES LTD vs M/S ANI MARBLE AND GRANITE & ORS

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22.04.2026 + RFA(COMM) 270/2024 SIMPLEX INFRASTRUCTURES LTD .....APPELLANT Through: Mr. Counsel (appearance not given) versus M/S ANI MARBLE AND GRANITE & ORS .....RESPONDENTS Through: Mr. B.S Rajesh, Mr. Agrajit Veer Singh, Ms. Dipti Singh, Mr. Siddharth Goswami, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) AMIT MAHAJAN, J. CM APPL. 39993/2024 [for condonation of 75 days delay in re- filing the Appeal] CM APPL. 39990/2024 [for condonation of 101 days delay in filing the Appeal] 1. The present applications has been filed under Section 5 of the Limitation Act, 1963 read with section 151 of the Code of Civil procedure, 1908, seeking condonation of delay of 101 days in filing and delay of 75 days in re-filling the present appeal. 2. The Judgment and Decree was passed on 21.10.2023 in CS (COMM.) 1294 of 2019. Signature Not Verified Signed By:SHIKHA SEHGAL RFA(COMM) 270/2024 Page 1 of 6 Signing Date:25.04.2026 14:31:24 3. It has been urged by the learned Counsel for the Appellant that while the subject suit was pending before the learned District Judge the erstwhile Counsel on behalf of the Appellant (Respondent in the subject suit) stopped appearing in the case after 30.11.2021 and did not communicate any developments. Though the Appellant tried to communicate with the erstwhile counsel for getting updates, however no information was provided to him. 4. It is further urged that it is only when the summons of Execution Proceedings were received by the Appellant (Judgment Debtor) on 10.01.2024 the Appellant got to know about the impugned judgment. Thereafter, time was consumed in preparation of objections, finalization of the draft appeal and procuremen