DIARY NO.
: 1808881/2023
IN THE HIGH COURT OF DELHI AT NEW DELHI
(ORDINARY ORIGINAL JURISDICTION) CS
(OS) NO. 270 OF 2023
IN THE MATTER OF:
Mithun Das …Plaintiff
Versus
Sh Arvind Pani & Ors. …Defendants
INDEX
SNO. PARTICULARS Page
No.
1. Condonation of delay in re-filling the written statement 1 -6
with affidavit
2. Affidavit of Service 7-8
3. Proof Of Service 9-10
Filed By
ADEEL AHMED, SOUMI GUHA THAKURTA & SANA PARVEEN
Counsel for Defendants 1 TO 5
NEW DELHI
Chamber No.14,
Old Lawyers Chambers, RK Garg Block Supreme Court of India, New
Delhi110001
Mob : 8585908959
e-mail: [email protected]
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IN THE HIGH COURT OF DELHI AT NEW DELHI
IA No. of 2023
in
CS(OS) 270/2023
In the Matter of :
MITHUN DAS .....Plaintiff
Versus
ARVIND PANI & ORS. .....Defendants
APPLICATION on BEHALF OF DEFENDANTS NO.1 TO 5 SEEKING
CONDONATION OF DELAY IN REFILING THE WRITTEN STATEMENT
UNDER CHAPTER IV RULE 3(c) OF THE DELHI HIGH COURT (ORIGINAL
SIDE) RULES, 2018 ALONG WITH AFFIDAVIT
MOST RESPECTFULLY SHOWETH:
1. That the present Suit has been filed for damages, defamation, malicious
prosecution and permanent injunction against Defendants. The
defendants were Caveators in the same. The contents of the Suit are not
repeated herein for the sake of brevity, and the Defendant craves leave
and permission of this. Hon’ble Court to refer and rely upon the
contents of the main Petition at the time of hearing of the present
Application.
2. It is submitted that the aforesaid matter when listed on 19.05.2023, the
Hon’ble Court was pleased to order the following:-
“Learned counsel appearing for the plaintiff prayed for two weeks’ time to
file the closure report filed by the Investigating Agency in relation to
FIR No. 265/2022, Police Station Bellanduru, Bengaluru. Let the said
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report be filed within a period of two weeks, as prayed. List on 25
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September, 2023.”
3. That, while Notice was pending in the aforesaid matter, and whereof the
Court fee in the said Suit was not paid, the Counsel for the Plaintiff
preferred an application (copy of which was served on the Defendant on
29.07.2023) averring, and not praying, that this Hon’ble Court be
pleased to club the present suit alongwith Civil Suit (OS) 46/2023. It is
respectfully submitted that the issues involved are different in the said
suits and that the Parties concerned are also different. However, the
same came to be allowed by this Hon’ble Court and the suit was
registered as a plaint on 01.08.2023.
4. That this Hon’ble Court vide Order dated 01.08.2023 was pleased to
order the following:
“ Upon the Plaintiff taking steps within 10 days, let summons be issued
to the Defendants, through all permissible modes. Summons shall
indicate that the Defendants are required to file written statements to
the plaint within 30 days from the date of receipt of summons along
with affidavit of admission/denial of the documents filed by the
Plaintiff. Plaintiff may file replication(s) to the written statements within
30 days from receipt of the written statements along with affidavit of
admission/denial of the documents filed by Defendants. List before the
learned Joint Registrar for completion of pleadings and
admission/denial of documents on 20.11.2023.
I.A. 8592/2023 (under Order XXXIX Rules 1 and 2 CPC), 8591/2023
(for additional documents) and 8590/2023 (extension of time from
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filing court fees)
On the Plaintiff taking steps within 10 days from today, let notice be
issued to the Defendants through all permissible modes, returnable on
13.10.2023 before Court when CS(OS) No. 46/2023 is listed.”
5. It is hereby submitted that, the Plaintiff, by their own admission in I.A.
Filed By SUGANDHA ANAND On Behalf of Petitioner MITHUN DAS
Vide Diary No : 990735/2024, it has been stated that the Defendants
herein received a copy of the Plaint along with documents to the
Defendants on 29.08.2023. Thereafter, the Defendants herein
proceeded to serve the copy of the Written Statement and Reply to O39
Rule 1 & 2 Application, on 27.09.2023, and after which the said was
filed on the same day, i.e. 27.09.2023.
6. The defendants have thereafter constantly followed it up with the
Registry of this Hon’ble Court. However, on 28.02.2024, when the
matter was listed before the Hon’ble DHJS, the counsel for the
Defendants learnt that defects were again notified a day before i.e. on
27.02.2024, for a fresh affidavit of admission/denial is to be filed, and
that owing to the same, it cannot be processed further. Nonetheless, the
same was also obtained and refiled, and after scrutiny, certain more
defects were notified by the Registry on 01.03.2024, which has been
again corrected and refiled.
7. It is most respectfully submitted that the defendants have constantly
followed it up with the Registry of this Hon’ble Court. However, owing
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to scrutiny and refiling, the same has taken considerable time. All the
more because the documents and corrections had to be approved and
refiled by the Counsel of the Defendants, and the Defendants are placed
by and between offices located at Dubai, Bangalore and Kolkata. That
there was never any delay on part of the Defendants to do the needful,
and the delay, if any, has been on account of scrutiny and sincere
efforts to rectify the same has ensued a bit of time, and the delay is on
no fault of the Defendants, and is neither willful nor wonton but due to
multiple unavoidable reasons beyond the control of this respondent.
8. That no prejudice could be caused to the Plaintiff if the delay in refiling
this written statement alongwith Affidavit of Admission and Denial is
condoned by this Hon’ble Court. On the other hand great prejudice
would be caused to the Defendant if the prayer made herein below is
not allowed by this Hon’ble Court.
PRAYER
In these circumstances the Defendants herein prays that this hon’ble court
may graciously be pleased to:
1) Condone delay in refiling written Statement along with affidavit of
admission/denial by Defendants; and
2) Pass any other order which this Hon’ble court may deem fit and proper
in the facts and circumstances of the case in favour of the Defendants.
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AND FOR THS ACT OF KINDNESS, THE APPLICANTS AS IN DUTY, BOUND
SHALL EVERY PRAY.
FILED BY
ADEEL AHMED, SOUMI GUHA THAKURTA & SANA PARVEEN
Counsel for Defendants 1 TO 5
NEW DELHI
DATE: 03/04/2024
