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    Appl

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    tauheed
    This document is an application filed in the Court of District Judge, Gautam Budh Nagar seeking to set aside a dismissal order dated August 8, 2013. The applicant's counsel failed to appear on that date due to a court strike and preparation for Eid, resulting in dismissal. The applicant argues the delay in filing this set aside application was not intentional. It seeks to have the delay condoned and the dismissal order set aside to avoid significant business losses.

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    Appl

    Uploaded by

    tauheed
    279 views4 pages
    This document is an application filed in the Court of District Judge, Gautam Budh Nagar seeking to set aside a dismissal order dated August 8, 2013. The applicant's counsel failed to appear on that date due to a court strike and preparation for Eid, resulting in dismissal. The applicant argues the delay in filing this set aside application was not intentional. It seeks to have the delay condoned and the dismissal order set aside to avoid significant business losses.

    Original Description:

    Appeal for Condoning the Delay

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    appl

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    This document is an application filed in the Court of District Judge, Gautam Budh Nagar seeking to set aside a dismissal order dated August 8, 2013. The applicant's counsel failed to appear on that date due to a court strike and preparation for Eid, resulting in dismissal. The applicant argues the delay in filing this set aside application was not intentional. It seeks to have the delay condoned and the dismissal order set aside to avoid significant business losses.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    279 views4 pages

    Appl

    Uploaded by

    tauheed
    This document is an application filed in the Court of District Judge, Gautam Budh Nagar seeking to set aside a dismissal order dated August 8, 2013. The applicant's counsel failed to appear on that date due to a court strike and preparation for Eid, resulting in dismissal. The applicant argues the delay in filing this set aside application was not intentional. It seeks to have the delay condoned and the dismissal order set aside to avoid significant business losses.

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    © All Rights Reserved
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    IN THE COURT OF DISTRICT JUDGE, GAUTAMBUDH NAGAR

    Arbitration Misc Application NO. 61 OF 2012

    In the matter of :
    M/s Rajput Properties & Developers Pvt. Ltd. .....APPLICANT

    VERSUS

    M/s Alpine Township Pvt. Ltd. & Ors. ...........RESPONDENTS

    APPLICATION ON BEHALF OF THE APPLICANT


    UNDER SECTION 5 OF THE LIMITATION ACT FOR
    CONDONATION OF DELAY IN FILING THE
    APPLICATION UNDER ORDER 9, RULE 4READ WITH
    SECTION 151 OF THE CODE OF CIVIL PROCEDURE
    1908, FOR SETTING ASIDE ORDER DATED
    08.08.2013 PASSED BY THIS HON’BLE COURT.

    MOST RESPECTFULLY SHOWETH :

    1. That the Applicant had filed the above-mentioned suit against the
    respondents for restraining the respondents by means of interim
    injunction from dispossessing/evicting the applicant from the
    property/plot situated at Plot No. GH 16, Sector -1, Greater Noida,
    U.P.

    2. That the accompanying application has been preferred for setting


    aside the dismissal order dated 08.08.2013, whereby the suit of the
    Applicant was dismissed on account of non-appearance of the
    counsel of applicant. That the Applicant could not appear on the said
    date owing to the reason that there was strike in the Gautambudh
    Nagar Court thus there was complete shut down to the work at the
    Court. It was during such strike the matter came up for the hearing on
    08.08.2013 and the Applicant in the assumption that there was strike
    in the Court, could not appear in the Court while the Counsel for the
    applicant could not appear before this Hon’ble Court due to
    preparation for Id, being the last day of Ramzan and hence the matter
    for default in appearance was dismissed.
    3. That the Applicant herein after the dismissal order dated 08.08.2013 in
    the present matter, has moved an application under Section 9 of
    Arbitration And Conciliation Act, 1996, being the O.M.P. No. 931/2013
    moved Delhi High Court 08.08.2013 in the present matter, has moved
    an application under Section 9 of Arbitration And Conciliation Act, 1996,
    being the O.M.P. No. 931/2013 before the Hon’ble High Court of Delhi
    and in the said matter the petitioner/applicant conceded that under the
    Agreement dated 20th August 2011 with the respondents, Delhi courts
    would have exclusive jurisdiction, which is why the captioned petition is
    filed, in this court. The Hon’ble High Court vide order dated 17.09.2013
    disposed off the present matter however giving the liberty to the
    Petitioner/applicant to approach the Hon’ble High Court after after
    taking appropriate steps qua the order dated 08.08.2013 passed by the
    District Judge, Gautam Budh Nagar, U.P i.e. this Hon’ble Court.

    4. That there after the Applicant applied for the certified copy of the
    order and the same was received on 28 th September 2013 and
    immediately thereafter the applicant moved the accompanying
    application for setting aside the dismissal order dated 8.8.2013., but
    by the time there was a considerable delay of 23 days (i.e. 8 th
    September 2013 to 1st October 2013)

    5. That the delay in filing of the accompanying application was neither


    intentional nor malafide on the part of the Applicant but for the
    reasons stated herein above. The present application is being made
    bonafide and in the interest of Justice. The Applicant submits that
    this Hon’ble Court would consider the cause sufficient to condone the
    delay .

    6. That if the present application is not considered by this Hon’ble Court,


    the applicant would incur huge losses in his business which cannot
    be compensated in terms of money , whereas no real prejudice is
    going to be caused to anyone if this application is allowed.

    7. That the Applicant holds this Hon’ble Court in high esteem.


    IN THE PREMISES STATED HEREIN ABOVE IT IS THE
    MOST RESPECTFUL PRAYER OF THE APPLICANT THAT THIS
    HON'BLE COURT MAY BE PLEASED TO :

    i. Condone the inadvertent delay of 23 days and allow the


    applicant to file the application under order 9, rule 4read
    with section 151 of the code of civil procedure 1908, for
    setting aside order dated 08.08.2013 passed by this
    Hon’ble Court;

    ii. And pass any other or further orders which this Hon’ble
    Court may deem fit and proper in the facts and
    circumstances of the present case, in favour of the
    Applicant and against the Respondents.

    Applicant

    Through

    DIWAN ADVOCATES
    Counsel for Plaintiff
    23-A, Chelmsford Road
    Connaught Place
    New Delhi – 110 001
    Phone no.- 011-23741851
    Gautambudh Nagar
    Dated:
    IN THE COURT OF DISTRICT JUDGE, GAUTAMBUDH NAGAR

    Arbitration Misc Application NO. 61 OF 2012

    In the matter of :
    M/s Rajput Properties & Developers Pvt. Ltd. .......APPLICANT

    VERSUS

    M/s Alpine Township Pvt. Ltd. & Ors ...........RESPONDENTS

    AFFI DAVI T

    I, Suneel Kumar Rajput, s/o Shri Balwant Singh Rajput, Aged about, 52
    years, Managing Director of M/s Rajput Properties & Developers Pvt. Ltd.
    addressed at, C – 56/34, 2nd Floor, Magtech Tower, Sector – 62, Noida do
    hereby solemnly affirm and declare as under:-
    1. That I am the Petitioner/Applicant in the above noted Case. I am
    conversant with the facts of the case and able to depose to the same.
    2. That accompanying Application Under Section 5 of the Limitation Act
    1963 has been drafted by my counsel under my instructions. I have
    gone through and understood the contents of the same. I state on
    solemn affirmation that the contents of the said Application is true and
    correct to my knowledge whereas the legal aspects contain
    therein are true to my information received and believed to be correct.
    3. That no part of this affidavit is false and no material facts have been
    concealed therefrom.

    DEPONENT

    VERIFICATION:
    I, the above named deponent affidavit do hereby solemnly affirm
    and declare that the contents of my above affidavit are true and correct to
    my knowledge. God may help me
    Verified at Delhi on this day of, October 2013.

    DEPONENT

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