KUANTUM PAPERS LTD Vs. SHREE SWASTIC SALES CORPORATION PVT LTD & ORS
LAWS(DLH)-2019-2-181
HIGH COURT OF DELHI
Decided on February 14,2019

Kuantum Papers Ltd Appellant
VERSUS
Shree Swastic Sales Corporation Pvt Ltd And Ors Respondents

JUDGEMENT

Manmohan, J. - (1.) Present applications have been filed on behalf of the defendant no.2 under Order XXXVII Rule 4 read with Section 151 of CPC for setting aside the order dated 27th February, 2017 (dismissing the leave to defend application filed by the defendants) as well as the decree dated 10th July, 2017 and under Section 5 of the Limitation Act seeking condonation of delay of 575 and 715 days respectively, in filing the aforesaid applications.
(2.) It is averred in the applications that the counsel/law firm who/which was engaged to appear for defendant no.2 stopped pursuing the matter and did not inform the defendant no.2 of the developments in the case. It is averred that the defendant no.2 was under the bonafide impression that suit was being pursued by the counsel/law firm diligently.
(3.) It is stated that the defendant no.2 became aware of the decree being passed in the suit on 03rd December, 2018, when he received notices from the High Court in the Execution Petition filed on behalf of the plaintiff.;


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