DILSHAD vs KISHORE ARORA

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 239/2025, CM APPL. 25358/2025, CM APPL. 25359/2025 & CM APPL. 25360/2025 DILSHAD .....Appellant Through: Mr. Waseem Akhtar Khan, Advocate. versus KISHORE ARORA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER(ORAL) % 29.01.2026 C. HARI SHANKAR, J. 1. This appeal has been preferred under Section 13 of the Commercial Courts Act, 2015 read with Order XLIII Rule 1 of the Code of Civil Procedure, 19081, with a delay of 807 days. 2. The judgment and decree under challenge was passed on 17 November 2022. The appeal has come to be filed in April 2025. The application for condonation of delay, from paras 1 to 5, advert to events which took place prior to passing of the judgment and decree under challenge on 17 November 2022, including the COVID-19 pandemic. We fail to understand how these aspects are at all relevant 1 “CPC” hereafter Signature Not Verified Signed By:RAJEEV RFA(COMM) 239/2025 Page 1 of 4 DHANKHAR Signing Date:02.02.2026 19:00:23 to a prayer for condonation of delay in filing the appeal against a decree which was passed on 17 November 2022. 3. The averments in the application proceed on a premise that the appellant came to know of the case against him only on 19 January 2024 when he received the summons for execution of the impugned ex parte decree from the Process Server. To a query from the Court as to whether summons in the suit were served on the appellant, learned Counsel is unable to assist the Court. 4. Nonetheless, giving the appellant the benefit of doubt, we have examined whether any case is made out even to condone delay after 19 January 2024 till April 2025 when the appellant was served. We have considered this keeping in mind the la