32-39

2. Affidavit of admission and denial

Condonation of delay with affidavit 40-49

3.

4.
50
 32

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

AFFIDAVIT OF ADMISSION AND DENIAL

I, Sanjukta Paul, daughter ofShri D. C Paul, aged about 35years, by faith-

Hindu, by occupation - Service, working for gain at as Manager- HR BP

at Reverie Technologies having its registered office at 5th Floor, Jio Avana,

39/14, Sarjapur Main Rd, Iblur Village, Bellandur, Bengaluru, Karnataka

560102, do solemnly hereby declare and affirm as follows:

1. That I am the authorized representative for Defendant No.5 in this

instant suit. I say that I am aware of all the facts and circumstances of the
present case and as such I am competent to swear and depose the contents

of the oresent affidavit.

2.That with regard to the admission and denial of documents filed bythe
plaintiffin the present suit, it is stated as under:

BTllB
*I,Tilirsi,:
 33

S.No. DOCUMENTS Admrtted /

Denied

Document No.l Admltted

CV of the Plaintiff

2. Document No.Z Admitted

Company Background as per MCA
weDslte

Letter of Appointment dated

23.10.2017

Merit Increase Letter dated 21 .05.2019

News articles online where Ms. Nita Defendant

Ambani and Mukesh Ambani no knowl
announce bereavement assistance for and does nb
Covid affected emolovee concem with
Defendant

Death Certificate dated 29.07.2021 of Matter of

Late Sh. Ashish Guota Record

Email dated 17.08.2021 between Ms

Shikha Guota and Defendant No.3 Matter of record
 34

Email dated 04.01.2022 where Aiu

Daniel oraises the Plaintiff Matter of record

Email dated Q6.01.2022 where Matter of record

p.efeqdqnt No. I responded regarding
Plaintiffs achievements

Email dated 07 .01 .2022 where Rakesh Matters of

Nair compliments plaintiff record

Email dated 08.01.2022 where Plainti Matters of

thanks Aiu Daniel record.

Email dated 09.06.2022 where P of record

has shared responses given to him by
hls team mates

Email dated 18.03.2022 where show

cause notice is eiven to Plaintiff

Email dated 18.03.2022 where Pl

replies to Show Cause Notice

Email dated 19.03.2022 where Matter of record

Defendant No. 3 instructs Plaintiff to
Continue business as usual till
conclusion of investisation
uocument No.lo
Variable Pay Letter dated 10.06.2022 Matter of record

*iJl;tiiflllk,ltl.,:.\*
Reg. t'lo. 21613
G\ e'J.6i. u g+c'2s2s /# l
 35

Email dated 13.06.2022 where the

Plaintiff gives detailed explanation

Performance Ratins and Variable Pay-

Out letter dated 2246.2020

Email dated 24.06.2022 for orice Special

approval for PMJAY knowledge of
the plaintiff

Email dated 24.06.2022 for orice Special

approval lor PMJAY knowledge of
the plaintiff

Email dated 24.06.2022 fororice

approval for PMJAY

Email dated 28.06.2022 for revised

pricing approval for PMJAY

Email dated 29.06.2022 where Matter of record

pele4d4nqNo. I approves the pricing
for PMJAY

Email dated 29.06.2022 where Brai Matter of

Bhushan directs to punch PO by 30

Email Dated 29.06.2022 where Matter of record

Defendant No.4 talked about getting
PO
 36

lb. 6 Matter oI record

6.2022 whereBrai
out Shimla Smart'
City Project

'2
/. Document No 27: Denled.
Email dated 29.06.2022 where Plaintifl Special
talks about PMJAY pricing approval knowledge of
the plainiiff

Document No.2E Admitted

"t6. Relievins Letter dated 17.08.2022

'29.
Document No.Z9 Denred
.08.2022 where
Bhusha and
ect

JU. Document No.3U Denred

Whastapp chat dated 14.09.2022
between Plaintiff and Sai Kiran

JI l)ocument No.3l
nse between Saniukta Paul Matter of record
iliha Guota dated

32. Document No.32 Matters ot

Email exchanse between the Plaintiff record
and Sneha da{ed 25.09.2022

JJ. Document No.33 Matter of record

Email qlchange bqtwggn Sanjukta and
Plainti ff dated26.09.2022

34. Document No.J4 Matter oi record

Email exchanse between Saniukta Paul
and Plaintiff dated 10.10.2022
 37

Email exchange between Saniukta P

and Plaintiff dated, 17.10.2022

Matter of
Email exchange between Saniukta
and Plaintiff dated, 18.10.2022

ument No. J /:
Matter of record
Email Shikha between Sneha
and Ms Shikha Gunta dated
29.10.2022,13.1 1.2022 and | 6.1 1.2022

ument No.
WhatsApp Chat with Mr. Manish
Chordia'dated 617. 11.2022 where
Plaintiff was invited for a music
conceft

True translated Copy oIFIR No Matter of record

026512022 dated I 2. I 1.2022 resistered
at P.S. Bellanduru Bansaluru -

WhatsApp Chat between Plaintiff and

Manish Chordia dated 25 I 26. | 1.2022
where Plaintiff was requested not to
attend the concert

uocument No. 4l
Anticioatorv Bail order Matter of record
D91ej \1.!2.2022 by leamed Court
of XLIV City' and S-essions Judge.
Bansaluru

esal Notice sent by the Counsel ofthe

ffs dated 20.63.2023
la'inti
 38

44. Document No. 44 Admitted

Replv to the Leeal Notice bv Counsel
of ih6 Defendan'is dated 08.04.2023

l.focument No. 45 Matter ot record

Profile of RFP Proiect

46. l)ocument No. 46 Admrtted

WhatsApp chat exchange between
Plaintiff dnd Defendant\o. I

4t. Document No. 47 Denied

18.04.2023
el Solomon has

3. That the contents of the present affidavit have been drafted by my counsel
under my instructions and the same are true to the best of my knowledge and
belief.

NENT
tE ML
SWORN

K.V.MAItll,g.c'ul. AND NoTARY

i-rivocAiE
Govt. of In
No. 2311'
Mugodi. B

r:-1 F EB 2024
 39

Verification:

on solemnaffirmation and state that the contents of my above affidavit are

true and correct and nothing material has been concealed there-from.

osr
AEru;'-t; nu'seo
^|"";,i,ii
 40

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(OS) 270/2023
MITHUN DAS .....Plaintiff
Versus
ARVIND PANI & ORS. .....Defendants

APPLICATION on BEHALF OF DEFENDANTS NO.1 TO 5 SEEKING

CONDONATION OF DELAY IN FILLING THE WRITTEN STATEMENT
UNDER ORDER VIII RULE 1 READ WITH CHAPTER VII RULE 4 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

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

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
 41

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

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.”

 42

5. It is hereby submitted that, 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, and defects were

notified on 06.10.2023. Copy of proof of service of Written Statement to the

Counsel for Plaintiff, dated 27.09.2023 is annexed herewith as Annexure A-

1 ( P- 45 ).Copy of the Hon’ble Delhi High Court e-filing Management System

stating the date of filing of Written Statement is annexed herewith as

Annexure A-2 (P – 46).

6. The defendants have thereafter constantly followed it up with the

Registry of this Hon’ble Court. However, when all defects were apparently

cured, the Registry notified defects on 14.02.2024, that “case category be

correctly mentioned, proof of service not filed , and onetime process fee not

filed”. The same was rectified, and the same came to be listed on 28.02.2024,

where the Hon’ble Court( Ld. Joint Registrar(Judicial) ordered the following:-

“As per office note, written statement and affidavit of admission/denial

of documents filed on behalf of the defendant no.1 to 5 have been

returned under objection. Learned counsel for defendant no.1 to 5 is

requested to check it up with the Registry and have the same placed on

record.”

Therefore, the Written Statement and affidavit of admission/denial were

on record. However, on 28.02.2024, when the matter was listed before

 43

the Hon’ble DHJS, the counsel for the Defendants learnt that defects

were again notified a day before i.e. on 28.02.2024, 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.

Copy of the Scrutiny Report in 1808881/2023, pertaining to the Written

Statement of the Defendants, is annexed herewith as Annexure A3

(P -47 ).

7. It is most respectfully submitted that the defendants have constantly

followed it up with the Registry of this Hon’ble Court. However, owing 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

two offices of Kolkata and Bangalore. 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.

8. That it is submitted that the above application has been filed before this

Hon’ble Court with delay of only 2 days, only if the record of service of

summons is to be considered (which has been stated to be 25.08.2023 as per

the affidavit of service of summons that has been filed by the Plaintiff), which

is neither willful nor wonton but due to multiple unavoidable reasons beyond

the control of this respondent.

 44

9. That no prejudice could be caused to the Plaintiff if the delay in Filling

this written submission 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. Pass an order to condone delay in filing written Statement alongwith
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.

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
Annexure A-1 46
 47

Annexure A-2
 48

Annexure A-3
50