Decent Footwear Pvt Ltd vs Coim India Pvt Ltd
2010 Latest Caselaw 2392 Del

                                                     UNREPORTABLE


*    IN THE HIGH COURT OF DELHI AT NEW DELHI


                           FAO No.69/2010


                                   Date of Decision: May 04, 2010


     DECENT FOOTWEAR PVT LTD                  ..... Appellant
                 through Mr. S.M.Pandey, Advocate with
                 Mr. K.S.Khatri, Ms. Ritika Gupta and
                 Dr. G.L.Bhatiya, Advocates

                  versus


     COIM INDIA PVT LTD               ..... Respondent
                   through Mr. Jitender Vashisht, Advocate

     CORAM:
     HON'BLE MISS JUSTICE REKHA SHARMA

1.   Whether the reporters of local papers may be allowed to see the
     judgment? No
2.   To be referred to the reporter or not? No
3.   Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

C.M. No.3599/2010 & FAO No.69/2010

This is an application by the appellant under Section 5 of the

Limitation Act for condonation of delay in filing the appeal. The delay

caused is of 56 days. The only reason given in the application is that

the counsel for the appellant was having some skin problem and for

that reason, the appeal could not be filed in time. No details have

been furnished as to during which period the counsel remained

unwell, nor is the application accompanied by the affidavit of the

counsel. I find no cogent reason to condone the delay in filing the appeal. The application is, therefore, dismissed and so also the

appeal.

However, learned counsel for the respondent has by way of

concession agreed that the interest @ 22% per annum awarded by the

arbitrator on the principal amount be reduced. Accordingly, I reduce

the interest from 22% to 12% per annum. The counsel for the

appellant states that the appellant shall pay the awarded amount

along with interest within four months from now.

REKHA SHARMA, J.

MAY 04, 2010 ka