HARSHA ASSOCIATES PVT. LTD. vs MAHESH CHAND GUPTA

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 24/2025 and CM APPLs. 4367-68/2025 and 4419/2025 HARSHA ASSOCIATES PVT. LTD. .....Appellant Through: Mr. B.S. Bagga, Mr. Sarthak Mogha, Ms. Radhika Vashisht, Advocates versus MAHESH CHAND GUPTA .....Respondent Through: Mr. Bhoop Singh and Mr. Naveen Rai, Advocates CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 19.03.2026 C. HARI SHANKAR, J. 1. This appeal is directed against an order dated 26 August 2023, passed by the learned District Judge (Commercial Court), Shahdara, whereby the suit of the appellant has been returned under Order VII Rule 10 of the Code of Civil Procedure, 1908. 2. This being a commercial appeal, we are bound by the law laid down by the Supreme court in Jharkhand Urja Utpadan Nigam Ltd v. Bharat Heavy Electricals Limited1 and Government of 1 2025 SCC OnLine SC 910 Signature Not Verified Digitally Signed By:AJIT FAO (COMM) 24/2025 Page 1 of 3 KUMAR Signing Date:25.03.2026 15:45:22 Maharashtra v. Borse Brothers Engineers & Contracts Pvt Ltd.2, which require the Court to be strict while applying principles of limitation and considering applications for condonation of delay in commercial matters. The delay in this case is inordinate, of as many as 410 days3. 3. The ordinary period of limitation available for filing the appeal expired in or around 25 October 2023. Even if 30 days’ condonable period were taken into account, it would expire towards the end of November 2023. The explanation provided in the application is that the counsel appearing for the appellant did not inform the appellant about the dismissal of his suit on 26 August 2023, the appellant was undergoing heart treatment in the hospital for the period November 2023 to May 2024, the