Application For Condonation of Delay - HI-TECH

IN THE HIGH COURT OF DELHI AT NEW DELHI
CM NO. ________ OF 2023

IN
CM (M) NO. 747 OF 2018
IN THE MATTER OF: -
M/S HI-TECH CONSTRUCTIONS ENGINEERS & BUILDERS
.……PETITIONER
VERSUS
M/S. R. K. BUILDER (A UNIT OF KUBER GROUP)
..……RESPONDENTS
NDOH - 01.09.2023
INDEX
S. NO. PARTICULARS PAGE NO.
1. URGENT APPLICATION
2. APPLICATION FOR CONDONATION
OF DELAY U/S 5 OF LIMITATION
ACT, 1963 R/W SECTION 151 OF
CPC
3. PROOF OF SERVICE
PETITIONER
THROUGH
(PRAVEEN KUMAR/SURBHI SHARMA

/SAHIL NAGPAL & NITESH TIWARI)
COUNSELS FOR THE PETITIONER
A – 384, FIRST FLOOR,
DEFENCE COLONY,
NEW DELHI-110024
MOB: - 9999099325
EMAIL: - law_sharma@yahoo.com
PLACE: NEW DELHI
DATE:
CM NO. ________ OF 2023
IN
CM (M) NO. 747 OF 2018
IN THE MATTER OF: -
.……PETITIONER
VERSUS
..……RESPONDENTS
URGENT APPLICATION
To,
The Registrar
Delhi High Court
New Delhi -110003
Dear Sir,
Will you kindly treat this accompanying application as an urgent
one in accordance with the High Court Rules.
The grounds for urgency are mentioned in the prayer.
PETITIONER
THROUGH

DEFENCE COLONY,
NEW DELHI-110024
MOB: - 9999099325
PLACE: NEW DELHI
DATE:
CM NO. ________ OF 2023
IN
CM (M) NO. 747 OF 2018
IN THE MATTER OF: -

.……PETITIONER
VERSUS
..……RESPONDENTS
APPLICATION FOR CONDONATION OF DELAY U/S 5 OF

LIMITATION ACT, 1963 R/W SECTION 151 OF CPC
MOST RESPECTFULLY SHOWETH: -

1. That the present matter is pending adjudication before this
Hon’ble Court and is now fixed for hearing on 01.09.2023.
2. That the Petitioner craves leave of this Hon’ble Court that

the contents of the Application Under Order 22 Rule 4 of the
Code of Civil Procedure, 1908 may kindly be read as part
and parcel of the present application and the same are not
repeated herein for the sake of brevity.
3. That this Hon’ble Court vide its

Order 17.11.2022 directed the Petitioner to move an
appropriate application to implead the legal representatives
of the deceased proprietors of the Respondent. That the
stipulated period for filing the Application Under Order 22
Rule 4 of the Code of Civil Procedure, 1908 expired on
15.02.2023. As the Respondents had been trying to
overreach the Hon’ble Court by entering appearance before
the Court and then disappearing from the proceedings, the
Petitioner was unable to find out the details of LRs of the
deceased proprietor of the Respondent. That it took
considerable time and effort to trace the legal representatives
of the deceased proprietors of Respondents and after the
needful information was available with the Petitioner,
immediately the Petitioner filed the substitution Application
under Order 22 Rule 4 of the Code of Civil Procedure, 1908
on 18.04.2023. However, as by that time, the period of
limitation had expired, the application could not be taken on
record for want of an accompanying application for
condonation of delay.
4. That the delay of 61 days is thus on account of reasons

beyond the control of the Petitioner.
5. That the present application has been made bonafide and in

the interest of justice.
PRAYER
It is, therefore, prayed that this Hon’ble Court may kindly be
pleased to:
a) Condone the delay of 61 days in filing the
Application Under Order 22 Rule 4 of the Code of
Civil Procedure, 1908 for reasons stated
hereinabove and set aside the abatement;
b) Pass any other or further order(s) as deemed fit and

proper in the facts and circumstances of the present
case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER
SHALL EVER PRAY
PETITIONER
THROUGH
(PRAVEEN KUMAR/SURBHI SHARMA/

SAHIL NAGPAL/NITESH KUMAR)
ADVOCATES FOR THE PETITIONER
DEFENCE COLONY,
NEW DELHI – 110024
MOB: 9999099325
EMAIL: law_sharma@yahoo.com
PLACE: NEW DELHI
DATE:
CM NO. ________ OF 2023
IN
CM (M) NO. 747 OF 2018
IN THE MATTER OF: -
.……PETITIONER
VERSUS
..……RESPONDENTS
AFFIDAVIT
I, Manoj Bansal, S/o Shri Raj Kumar Bansal, aged about 55 years,
R/o Office No. 3, 2nd Floor, Kamal Place, Jail Road, Civil Lines,
Gurgaon, Haryana, presently at New Delhi, do hereby solemnly
affirm and declare as under:
1. That I am the Proprietor of the Petitioner in the present
appeal and in such capacity, I am well conversant with the
facts and circumstances of the case and as such I am
competent and authorized to swear this affidavit.
2. That I have read over and understood the accompanying
application and having understood the contents thereof, I
say that the facts stated therein are true to the best of my
knowledge and belief.
3. That the facts stated in the above affidavit are true to my
knowledge. No part of the same is false and nothing
material has been concealed there from.
DEPONENT
VERIFICATION: -
Verified at New Delhi on this ___ day of June, 2023 that the contents
of the above affidavit are true and correct to my knowledge, no part
of it is false and nothing material has been concealed therefrom.
DEPONENT
CM NO. ________ OF 2023
IN
CM (M) NO. 747 OF 2018
IN THE MATTER OF: -
.……PETITIONER
VERSUS
..……RESPONDENTS
NDOH - 01.09.2023
INDEX
S. NO. PARTICULARS PAGE NO.
1. URGENT APPLICATION
2. APPLICATION FOR CONDONATION
OF REFILING DELAY U/S 5 OF
LIMITATION ACT, 1963 R/W
SECTION 151 OF CPC
3. PROOF OF SERVICE
PETITIONER
THROUGH

DEFENCE COLONY,
NEW DELHI-110024
MOB: - 9999099325
PLACE: NEW DELHI
DATE:
CM NO. ________ OF 2023
IN
CM (M) NO. 747 OF 2018
IN THE MATTER OF: -
.……PETITIONER
VERSUS
..……RESPONDENTS
URGENT APPLICATION
To,
The Registrar
Delhi High Court
New Delhi -110003
Dear Sir,
Will you kindly treat this accompanying application as an urgent
one in accordance with the High Court Rules.
The grounds for urgency are mentioned in the prayer.
PETITIONER
THROUGH

DEFENCE COLONY,
NEW DELHI-110024
MOB: - 9999099325
PLACE: NEW DELHI
DATE:
CM NO. ________ OF 2023
IN
CM (M) NO. 747 OF 2018
IN THE MATTER OF: -
.……PETITIONER
VERSUS
..……RESPONDENTS
APPLICATION FOR CONDONATION OF REFILING
DELAY U/S 5 OF LIMITATION ACT, 1963 R/W SECTION
151 OF CPC
MOST RESPECTFULLY SHOWETH: -

1. That the present matter is pending adjudication before this
Hon’ble Court and is now fixed for hearing on 01.09.2023.
2. That the Petitioner craves leave of this Hon’ble Court that
the contents of the Application Under Order 22 Rule 4 of the
Code of Civil Procedure, 1908 may kindly be read as part
and parcel of the present application and the same are not
repeated herein for the sake of brevity.
3. That this Hon’ble Court vide its
Order 17.11.2022 directed the Petitioner to move an
appropriate application to implead the legal representatives
of the deceased proprietors of the Respondent. That the
stipulated period for filing the Application Under Order 22
Rule 4 of the Code of Civil Procedure, 1908 expired on
15.02.2023. As the Respondents had been trying to
overreach the Hon’ble Court by entering appearance before
the Court and then disappearing from the proceedings, the
Petitioner was unable to find out the details of LRs of the
deceased proprietor of the Respondent. That it took
considerable time and effort to trace the legal representatives
of the deceased proprietors of Respondents and after the
needful information was available with the Petitioner,
immediately the Petitioner filed the substitution Application
under Order 22 Rule 4 of the Code of Civil Procedure, 1908
on 18.04.2023. However, as by that time, the period of
limitation had expired, the application could not be taken on
record for want of an accompanying application for
condonation of delay.
4. That the objection was raised by the registry of this Hon’ble
Court on 20.04.2023, however, the application for
condonation of delay could not be filed within the statutory
period of 30 days on account of unavailability of the
authorised signatory of the Petitioner.
5. That the Petitioner as such could file the application for
condonation of delay after a delay of 28 days which may
kindly be condoned in the interest of justice.
6. That the delay of 28 days in refiling is thus on account of
reasons beyond the control of the Petitioner.
7. That the present application has been made bonafide and in
the interest of justice.
PRAYER
It is, therefore, prayed that this Hon’ble Court may kindly be
pleased to:
c) Condone the delay of 28 days in re-filing the
Application for condonation of delay;
d) Pass any other or further order(s) as deemed fit and
proper in the facts and circumstances of the present
case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER
SHALL EVER PRAY
PETITIONER
THROUGH
(PRAVEEN KUMAR/SURBHI SHARMA/

SAHIL NAGPAL/NITESH TIWARI)
ADVOCATES FOR THE PETITIONER
DEFENCE COLONY,
NEW DELHI – 110024
MOB: 9999099325
EMAIL: law_sharma@yahoo.com
PLACE: NEW DELHI
DATE:
CM NO. ________ OF 2023
IN
CM (M) NO. 747 OF 2018
IN THE MATTER OF: -
.……PETITIONER
VERSUS
..……RESPONDENTS
AFFIDAVIT
I, Manoj Bansal, S/o Shri Raj Kumar Bansal, aged about 55 years,
R/o Office No. 3, 2nd Floor, Kamal Place, Jail Road, Civil Lines,
Gurgaon, Haryana, presently at New Delhi, do hereby solemnly
affirm and declare as under:
1. That I am the proprietor of the Petitioner in the present
appeal and in such capacity, I am well conversant with the
facts and circumstances of the case and as such I am
competent and authorized to swear this affidavit.
2. That I have read over and understood the accompanying
application and having understood the contents thereof, I
say that the facts stated therein are true to the best of my
knowledge and belief.
3. That the facts stated in the above affidavit are true to my
knowledge. No part of the same is false and nothing
material has been concealed there from.
DEPONENT
VERIFICATION: -
Verified at New Delhi on this ___ day of June, 2023 that the contents
of the above affidavit are true and correct to my knowledge, no part
of it is false and nothing material has been concealed therefrom.
DEPONENT

Application For Condonation of Delay - HI-TECH

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CM NO. ________ OF 2023

(PRAVEEN KUMAR/SURBHI SHARMA

(PRAVEEN KUMAR/SURBHI SHARMA

IN THE MATTER OF: -

APPLICATION FOR CONDONATION OF DELAY U/S 5 OF

MOST RESPECTFULLY SHOWETH: -

2. That the Petitioner craves leave of this Hon’ble Court that

3. That this Hon’ble Court vide its

4. That the delay of 61 days is thus on account of reasons

5. That the present application has been made bonafide and in

b) Pass any other or further order(s) as deemed fit and

(PRAVEEN KUMAR/SURBHI SHARMA/

(PRAVEEN KUMAR/SURBHI SHARMA

(PRAVEEN KUMAR/SURBHI SHARMA

MOST RESPECTFULLY SHOWETH: -

(PRAVEEN KUMAR/SURBHI SHARMA/

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