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]
 1

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
th
report be filed within a period of two weeks, as prayed. List on 25
 2

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

 3

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

 4

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.
 5

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