$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 444/2018 M/S LATA ECO VEHICLES .....Appellant Through: Mr. Awadhesh Kumar Dubey, Mr. Binod Kumar Singh, Advocates. versus M/S SONI E VEHICLE PVT LTD & ORS ...Respondents Through: Mr. Pradeep Kumar Jha, Advocate for respondent no.2. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 17.07.2026 CM APPL. 47597/2024 (Waiver of cost by appellant) 1. By way of the present application, the applicant/appellant seeks waiver of costs of Rs.20,000/- imposed by this Court on 04.09.2023. 2. For the reasons stated in the application, it is allowed and the costs of Rs.20,000/- imposed by this Court on 04.09.2023 is waived off. 3. The application is disposed of accordingly. CM APPL. 47598/2024 (D/183 Days in Re-filing the above application) 1. By way of the present application, the applicant/appellant seeks condonation of delay of 183 days in re-filing of the above application. 2. For the reasons stated in the application, the same is allowed and the delay of 183 days in re-filing the application is condoned. 3. The application is disposed of accordingly. FAO 444/2018 1. The present appeal is directed against the order dated 18.07.2018 passed by the learned ADJ, Central District, Pilot Court, Delhi vide which This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2026 at 12:15:18 the application filed by the appellant/plaintiff to restore the suit came to be dismissed. 2. Learned counsel appearing for the appellant contends that the suit was dismissed for non-prosecution on 10.11.2017 and an application seeking restoration of the suit was immediately filed in the month of December, 2017. However, the Trial Court had dismissed the said application on vague grounds, while also holding the same to be not maintainable. 3. Learned counsel appearing for the respondent no.2, on the other hand, while defending the impugned order, submits that as noted in the impugned order, the appellant has adopted a casual approach in the proceedings before the Trial Court. 4. The application for restoration of the suit was accompanied by an application under Order IX Rule (4) Civil Procedure Code, 1908 (CPC), wherein it is averred that the counsel could not appear before the Court on 16.09.2017 due to a traffic jam and consequently, the matter was adjourned to 17.10.2017. It is further averred that on the said date as well, the counsel was unable to appear on account of certain personal difficulties, whereupon the impugned order came to be passed. 5. Looking into the facts herein, it is clear that the aforesaid application was filed immediately within one month of dismissal of the suit. It is also informed that the suit was at the stage of completion of pleadings. 6. Considering all the facts and circumstances, the appeal is allowed and the impugned order is set aside, subject to payment of costs of Rs.20,000/- by the appellant to be deposited with the Delhi State Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of four weeks from today. The This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2026 at 12:15:18 amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance. 7. The appeal is disposed of in above terms. 8. The matter be listed before the concerned District Judge on 07.08.2026 at the first instance for directions. MANOJ KUMAR OHRI, J JULY 17, 2026/rd This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2026 at 12:15:18