SH. PRAKASH CHAND Vs. TEXMACO LIMITED

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 19.10.2006 which had endorsed the finding of the trial judge dated 20.07.2005 whereby the suit filed by the Plaintiff M/s. Texmaco Limited seeking recovery had been decreed in their favour. This was a suit under Order 37 of the Code. The application for leave to defend preferred by the Defendant had been dismissed; decree had followed. In first appeal, the appeal had been filed belatedly by 25 days. The application for condonation of delay had been rejected; as a result the appeal stood dismissed.

(2.) THE Plaintiff is a company registered under the Companies Act, 1956. It has various units and is engaged in the business of manufacturing and trading. M/s Birla Textiles was an independent company; by virtue of a Scheme of Arrangement approved by the High Court of Delhi in Company Petition No. 59 of 1982 on 03.10.1993 , all rights and interests of the said company were taken over by M/s Texmaco Ltd. Defendant had joined the Plaintiff company on 09.07.1969. He had been allotted a residential accommodation Jhuggi, Khilonawala Bagh, Pambari Road, Delhi (hereinafter referred to as 'suit property') during his service with the Plaintiff; written contract dated 17.09.1991 was executed between the parties. Defendant was to vacate the property at the time of cessation of his service, failing which he was to pay the damages @ Rs. 50/ - per day for his unauthorized use and occupation. The work of the Plaintiff's mill was closed down under the orders of the Apex Courts on 30.11.1996. Defendant failed to vacate the suit property. Plaintiff sent legal notice dated 06.11.2003 to the Defendant demanding damages for unauthorized use and occupation as also further damages @ Rs. 50 per day from the date of the institution of the suit till the actual physical possession. This was a suit under Order 37 of the Code.

(3.) THE first appeal court had dismissed the appeal on the ground that it was barred by limitation; there was a delay of 25 days; it was not condoned.