Syed Fahmi Ali vs Sportina Payce Infrastructure ...
2023 Latest Caselaw 131 Del

                                           Neutral Citation Number 2023/DHC/000251



                          $~56
                          * IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                      Judgment delivered on: 11.01.2023

                          +      EX.F.A. 4/2023

                                 SYED FAHMI ALI                         ..... Petitioner
                                                      Versus


                                 SPORTINA PAYCE INFRASTRUTURE PVT. LTD
                                                               ..... Respondent
                          Advocates who appeared in this case:

                          For the Petitioner      :    Adv. (Appearance not given)


                          For the Respondent :          None

                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

                                                      JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL) [ The proceeding has been conducted through Hybrid mode ] CM APPL. 1251/2023-EXEMP.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CM APPL. 1253/2023 (DELAY 11 DAYS IN FILING APPEAL)

Signature Not Verified

By:VINOD KUMAR Signing Date:13.01.2023 16:51:01 Neutral Citation Number 2023/DHC/000251

3. This is an application seeking condonation of delay in filing the appeal.

4. For the reasons stated in the application, the application is allowed. The delay of 11 days in filing the present appeal is condoned.

5. The application is disposed of. EX.F.A. 4/2023 & CM APPL. 1252/2023 (STAY)

6. Learned counsel for the appellant submits that subsequent to the passing of the impugned order, this court in another petition has released an amount of Rs. 2 Crore in favour of the respondent.

7. In view of the above, learned counsel seeks liberty to approach the Executing Court with an appropriate application in respect of the submission that the respondent has already received an amount of Rs.2 Crore from this court in a different proceedings.

8. In view of the above submissions, the liberty sought is granted without prejudice to the rights & contentions of the appellant.

9. The appeal is disposed of in accordance with the aforesaid directions.

TUSHAR RAO GEDELA (JUDGE) JANUARY 11, 2023 neelam

Signature Not Verified

By:VINOD KUMAR Signing Date:13.01.2023 16:51:01