DIVYANG ASSOCIATES (P) LIMITED & ANOTHER Vs. HIMACHAL PRADESH STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED & ANOTHER

JUDGEMENT

(1.) On 12.9.2006, Civil Suit No. 165 of 1992, so filed by the plaintiff H.P. State Industrial Development Corporation (respondent No. 1 herein), came to be decreed against defendant D-1 (appellant No. 1 herein), defendant D-2 (proforma respondent No. 2 herein) and defendant D-3 (appellant No. 2 herein). With the passing of the impugned judgment and decree, plaintiff was held entitled to a sum of '33,57,528/- alongwith interest @13.5% p.a. with half yearly rests from the date of filing of the suit.

(2.) Appeal assailing the same, so filed on 24.11.2006, by D-1 and D-3 impleading D-2 as proforma respondent was admitted on 27.2.2007. Subsequently on the request of the appellants it was adjourned on 16.3.2009 and 2.6.2009. On 22.7.2009, though none appeared for them, but was ordered to be listed before another Bench.

(3.) In terms of the present applications, so filed on 31.3.2016, under Sections 41 Rule 19 read with Section 151 CPC, D-1 and D-3 have prayed for restoration of the appeal and the delay in filing the same be condoned.