Sabri Properties Appeal Dismissed, Rs 2 Cr Upheld

Authority: High Court at Calcutta, Commercial Division

Order Date: 07 July 2026

Parties: Appellants – Sabri Properties Private Limited and others; Respondent – Frostees Export (India) Private Limited.
Original suit: Recovery of money lent; judgment and decree dated 26 July 2024 ordered appellants to pay Rs 2 crore principal, interest and costs.
Appeal: Filed on 10 March 2026 (APDT/5/2026) after a delay of 521 days; condonation application GA‑COM/1/2026 filed under Section 5 of the Limitation Act.
Explanation offered: Appellant No. 3 attended to a mother‑in‑law’s death (expired 26 Sep 2024, rituals till 9 Oct 2024), returned to Kolkata 10 Oct 2024, suffered a severe spinal injury and was bedridden from 10 Oct 2024 to 15 Jan 2025, and was unable to attend to business until Jan 2026.
Court’s observations: The supplementary affidavit explained delay up to 24 February 2026, but no explanation was provided for the period 24 Feb 2026 to 10 Mar 2026; the explanation was deemed insufficient to justify condonation.

The application for condonation of delay (GA‑COM/1/2026) is dismissed.
Consequently, the appeal (APDT/5/2026) and related application GA‑COM/2/2026 are dismissed without any order as to costs.

Topics: Civil Litigation, Condonation of Delay