DESIGN WORKS Vs. ICICI BANK LTD

JUDGEMENT

(1.) This appeal impugns the judgment and decree dated 23rd March, 2012 of the Court of Additional District Judge (ADJ), North West- IV, Rohini, Delhi decreeing the suit of the respondent/plaintiff for recovery of Rs.5,29,534.72 along with proportionate costs and interest @ 9% per annum from the date of institution till realization against the appellant/defendant.

(2.) This appeal was accompanied with an application for condonation of delay in re-filing. Though the appeal came up first before this Court on 7th September, 2012 but notice of the application for condonation of delay was issued to the respondent/plaintiff only on 1st February, 2013 as prior thereto adjournment was sought by the counsel for the appellant/defendant. Thereafter, steps for serving notice were not taken and the respondent/plaintiff finally appeared on 15th April, 2013. After hearing the respondent, the delay was condoned vide order dated 3rd May, 2013 and the appeal posted for hearing for today and the Trial Court record requisitioned.

(3.) The counsels have been heard.