IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL. No. /2019

IN

LPA NO. /2019

IN THE MATTER OF:

M/s KONARK INFRA DEVELOPERS PVT. LTD. & ORS. ….APPELLANTS

VERSUS

INDIA AFFORDABLE HOUSING SOCIETY SOLUTIONS ….RESPONDENTS

APPLICATION UNDER SECTION 5 OF LIMITATION ACT, 1963 READ WITH

SECTION 151 OF CODE OF CIVIL PROCEDURE FOR SEEKING

CONDONATION OF DELAY IN FILING THE PRESENT REJOINDER.

THE HON’BLE CHIEF JUSTICE &

HIS COMPANION JUSTICES OF THIS HON’BLE COURT
HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED

MOST RESPECTFULLY SHOWETH:

1. The Appellants have preferred the instant Letters Patent Appeal has
been preferred against the Order of this Hon’ble Court dated 10.12.2018
in CS(OS) No. 82/2014 whereby a sum of Rs. 3,00,00,000/- (Rupees
Three Crores Only) has been decreed ex-parte against the Apellants
and in favour of the Respondents.
2. That for the sake of brevity the Appellants are not narrating the full facts
of the case herein in this application and craves leave of this Hon’ble
Court to refer to and rely upon the facts stated in the Letters Patent
Appeal as forming part and parcel of this application for exemption from
filing official translation.
3. That in the aforesaid matter, given the volume of the annexures to be
collected and transcripted, there has been a delay from the part of the
Appellants in clearing the defects of the same.
 4. That it is submitted that the delay of days is not intentional and the
same has occurred due to above mentioned circumstances, which were
beyond the control of the Appellants. Hence this Hon’ble Court may have
the indulgence to condone the delay in the interest of justice.

PRAYER
It is most respectfully prayed that this Hon’ble Court may be pleased to:
a) Allow the present application u/s 5 of the Limitation Act, 1963 thereby
condoning the delay days .
b) Pass any such further order or orders as this Hon’ble Court may deem
fit and proper in the facts and circumstances of the case.

FILED
THROUGH

MANDAKINI SINGH/ASHIMA MANDLA/ABHISHEK

ARORA
COUNSEL FOR APPELLANTS
117, C.K. DAPHTARY LAWYERS’ CHAMBER
BLOCK
OPP. SUPREME COURT OF INDIA
NEW DELHI – 110001
PHONE NO. - +91
9999720092

NEW DELHI
DATED : 12.03.2019
 IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL No. /2019

IN

LPA NO. /2019

IN THE MATTER OF:

M/s KONARK INFRA DEVELOPERS PVT. LTD. & ORS. ….APPELLANTS

VERSUS

INDIA AFFORDABLE HOUSING SOCIETY SOLUTIONS ….RESPONDENTS

AFFIDAVIT

I, Retired , S/o Sh. aged around 53 years, resident of _ presently at New

Delhi do hereby solemnly affirm and declare as under: -

1. That I am the Appellant No.2 as well as Director of the Appellant No.1

Company in the present case and am fully conversant with the facts

and circumstances of the case and competent to swear this affidavit.

2. That the accompanying application for condonation of delay U/s 5 of

the Limitation Act, 1963 has been drafted by my counsel on my

instructions. I say that the facts mentioned in the accompanying

application are true to my knowledge and the last para is my prayer

before this Hon’ble Court. The contents of application may be read as

part of this Affidavit and are not being reproduced for the sake of

brevity.

DEPONEN

T
VERIFICATION: -

Verified at New Delhi on this the day of March, 2019 that the contents of

Paras 1 and 2 of this Affidavit are true and correct to my knowledge and belief

and nothing material is concealed therefrom.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI

C.M. APPL No. /2019

IN

LPA NO. /2019

IN THE MATTER OF:

M/s KONARK INFRA DEVELOPERS PVT. LTD. & ORS. ….APPELLANTS

VERSUS

INDIA AFFORDABLE HOUSING SOCIETY SOLUTIONS ….RESPONDENTS

AFFIDAVIT

I, Anjaleena Soni , D/o Col. D.V. Tamhane aged around 45 years, resident of I-
202, Konark Indrayu-II, NIBM Road, Kondwa, Pune presently at New Delhi do
hereby solemnly affirm and declare as under: -

1. That I am the Appellant No.3 in the present case and am fully

conversant with the facts and circumstances of the case and

competent to swear this affidavit.

2. That the accompanying application for condonation of delay U/s 5 of

the Limitation Act, 1963 has been drafted by my counsel on my

instructions. I say that the facts mentioned in the accompanying

application are true to my knowledge and the last para is my prayer

before this Hon’ble Court. The contents of application may be read as

part of this Affidavit and are not being reproduced for the sake of

brevity.

DEPONEN

VERIFICATION: -
Verified at New Delhi on this the day of March, 2019 that the contents of

Paras 1 and 2 of this Affidavit are true and correct to my knowledge and belief

and nothing material is concealed therefrom.

DEPONENT