M/S Transway Cargo Lifters Pvt. … vs National Insurance Co. Ltd. & Anr on 19 April, 2016


1. This first appeal under Section 96 of the Code of Civil Procedure, 1908

(CPC) impugns the judgment and decree dated 30th July, 2005 of the Court of

the Additional District Judge (ADJ), Delhi decreeing Suit No.331/03 filed by

the respondents for recovery of Rs.19,81,280 with costs and interest at 9%

per annum from 29th March, 2000 till realization against the appellant.

2. Notice of the appeal was issued and subject to the appellant depositing

50% of the decretal amount execution was stayed. The appeal on 6 th October,

2006 was admitted for hearing and the maturity value of the fixed deposited

created of the amount deposited by the appellant ordered to be released in

W.P.(C) No.729/2005 Page 1 of 18
favour of the respondent no.1 / plaintiff subject to ultimate result of the

appeal. The appeal, on 5th November, 2009 was dismissed in default of

appearance of the appellant but notice of the application made by the

appellant for restoration of the appeal was issued and remained pending for

service of the respondent no.2 M/s. BPL Display Devices Ltd. till 15th

December, 2014 when the application was dismissed in default. Again

restoration was applied for and vide order dated 10th August, 2015, observing

that the respondent no.2 was reported to have been wound up and none had

appeared for the Official Liquidator inspite of notice, the appeal restored to its

original position and Trial Court record requisitioned. The counsels were

heard on 17th September, 2015 and judgment reserved.

Source: Indian Kanoon

Leave a Reply