DIARY NO.

: 1826421/2023
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

S PARTICULARS Page
NO. No.
1. Application On Behalf Of Defendants Under Order 7 Rule 11 1 - 9
Read With Section 151 Of Code Of Civil Procedure, 1908
alongwith Affidavit
2. Application For Condonation Of Delay For Refiling 10-14
Application On Behalf Of Defendants Under Order 7 Rule 11
with Affidavit
5. Proof of Service 15

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 Delhi-1100
e-mail:
adeelbox@gmail.com
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORDINARY ORIGINAL JURISDICTION)
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 UNDER ORDER 7 RULE 11

READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908

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.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 averring,

and not praying, that this Hon’ble Court be pleased to club the present suit

alongwith Civil Suit (OS) 46/2023. That the Plaintiff himself has averred in

the Plaint that a total of Rs. 2,70,650/- (Rs. 70,500 + 2,00,000 + 150) is to

be paid as ad valorem court fees. Vide an IA numbered 8590/2023, the

plaintiff has sought extension of time from filing court fees, and a mere sum

of Rs. 5200/- only has been paid. The Suit is liable to be dismissed

on this ground alone.

 Pass a decree of Permanent injunction against the Defendants to cease and desist
from any defamatory actions und publications and to issue an apology in public for
the baseless allegations which have