IN THE HIGH COURT OF DELHI AT NEW DELHI

IA No. of 2024
in
CS(OS) 270/2023 In
the Matter of :
MITHUN DAS .....Plaintiff
Versus
ARVIND PANI & ORS. .....Defendants

Application for Condonation of Delay in filing the Appeal Under

Chapter II Rule 5 of the Delhi High Court Original Side Rules, 2018
Against Order dated 18.03.2024 passed by the Hon’ble Registrar
Judge Application read with Section 151 Of Civil
Procedure Code 1908 on behalf of the Defendant Nos. 1 to 5 for
recalling costs

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. That the delay in filing the present Appeal is on account of the

fact, that the Counsel for the Appellants was not keeping well, and

had suffered from a serious Covid-like flu. Therefore, the Counsel

could not take steps to initiate the Appeal for waiving of costs on

time.
 3. Therefore, in light of the above, it is prayed that the delay maybe

condoned and costs imposed in Order Dated 18.03.2024, maybe

recalled. That no prejudice will be caused to the plaintiff if the

present application is allowed, and on the other hand great prejudice

would be caused to the Defendants if the prayer made herein below is

not allowed by this Hon’ble Court.

PRAYER
In view of the submissions abovementioned and in the facts and
circumstances of the present case, it is most respectfully prayed
that this Hon'ble court may be pleased to

a Condone the Delay of 15 days in filing the Appeal under

Chapter II Rule 5 of the Delhi High Court Original Side Rules,
2018 Against Order dated 18.03.2024 passed by the Hon’ble
Registrar Judge Application; and

b Pass any other or further orders as this Hon'ble Court may

deem fit and proper in the facts and circumstances of the
present case and in the interest of justice.
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 Applicant-
Defendants 1 TO 5
NEW DELHI
DATE: 06/04/2024