M/S KUSUM ENTERPRISES Vs. VIMAL KOCHHAR

JUDGEMENT

(1.) The appeal impugns the judgment and decree (dated 15.12.2010 of the Court of Additional District Judge (ADJ)-07, Central, Tis Hazari Courts, Delhi in CS No.191/2007 (ID No.02401C0235462007) filed by the respondents / plaintiffs) holding the rent / mesne profits payable by the appellants / defendants to the respondents / plaintiffs till 30.06.2008 @ Rs.60,000/- per month and @ Rs.6,000/- per day with effect from 01.07.2008 to 12.02.2009 with interest at 16%, without specifying from which date to which date. The appeal is accompanied with an application for condonation of 909 days delay in re-filing the same.

(2.) Notice of the appeal and of the application for condonation of delay was issued and conditional stay granted and in response whereto a sum of Rs.15,00,000/- is reported to have been deposited in this Court. The appeal was on 02.12.2013 dismissed in default of appearance of the appellants / defendants. The appellants / defendants filed an application for restoration and notice whereof was issued for yesterday. The counsel for the respondents / plaintiffs appeared and stated that though as per dicta of this Court in Brij Mohan Vs. Sunita, 2010 166 DLT 537, no case for condonation of long delay in re-filing the appeal is made out but subject to the appeal itself being heard, he has no objection to the appeal being restored to its original position and the delay in re-filing being condoned.

(3.) Accordingly, for the reasons stated, the appeal is restored to its original position and the delay in re-filing the appeal is condoned.