Scribd
Upload
700 views3 pages

Condonation of Delay Shailender Verma

Condonation of Delay Application

Uploaded by

Puneet Rathore
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
700 views3 pages

Condonation of Delay Shailender Verma

Condonation of Delay Application

Uploaded by

Puneet Rathore
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 3

IN THE COURT OF LD.

CHIEF METROPOLITAN MAGISTRATE,


DWARKA DISTRICT COURT, NEW DELHI

COMPLAINT CASE NO. OF 2024

IN THE MATTER OF:

ASHOK KUMAR TIWARI …COMPLAINANT

VERSUS

SHAILENDER VERMA …ACCUSED

APPLICATION UNDER SECTION 5 OF LIMITATION ACT FOR


CONDONATION OF DELAY IN FILING THE COMPLAINT UNDER
SECTION 138, 141 & 142 OF THE NEGOTIABLE INSTRUMENTS ACT,
1881.

MOST RESPECTFULLY SHOWETH:

1. That the above-mentioned application is for condonation of delay in filing


the Complaint under Section 138, 141 & 142 of The Negotiable
Instruments Act, 1881.

2. That there has been a delay of 21 days in filing the present Complaint by
the complainant That the delay has been caused for the reasons enumerated
herein-below.

i. That the reply to our legal notice vide dated 06/11/2023 served by the
Complainant was received on 30/11/2023, therefore a complaint was to be
filed within 30 day of receiving that legal notice. It is pertinent to mention
herein that the case was E-filed on 19/12/2023 on the E-Filing Portal, but due
to some technical glitch and for the want of clearing of objections the case
got finally submitted on 20.01.2024. Therefore a delay of 21 days was caused.
there was a delay on the part of the Filing office in submitting the case
3. That the delay was neither intentional nor wilful, but was bona-fide and it
was because of the reason mentioned hereinabove. In these circumstances,
there is sufficient cause as contemplated in law and in the facts and
circumstances, for allowing the condonation of the above mentioned delay.

4. That the Hon’ble Court through its judgement in Collector Land


Acquisition, Anantnag v. Katiji [AIR 1987 SC 1353] has observed “
Refusing to condone delay can result in a meritorious matter being thrown
out at the very threshold and cause of justice being defeated. As against
this when delay is condoned the highest that can happen is that a cause
would be decided on merits after hearing the parties.’’ Further, it held that
it must be graspel that judiciary is respected not on account of its power to
legalize injustice on technical ground but because it is capable of removing
injustice and is expected to do so.

5. That if the application for condonation of delay in filing the present


Complaint is allowed, it shall not cause prejudice to the Respondents and
if the delay is not condoned in filing the present appeal, the complainant
will suffer irreparable loss and injury.

6. It is prayed accordingly.

APPLICANT/ COMPLAINANT
THROUGH

KUNAL SHARMA/ YASH PUNJABI /


PUNEET RATHORE
New Delhi Advocates
B5/180, LGF, SAFDARJUNG ENCLAVE
New Delhi 110029
C +91 9818339950
IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,
DWARKA DISTRICT COURT, NEW DELHI

COMPLAINT CASE NO. OF 2024

IN THE MATTER OF:

ASHOK KUMAR TIWARI …COMPLAINANT

VERSUS

SHAILENDER VERMA …ACCUSED

AFFIDAVIT

I, Ashok Kumar Tiwari Aged about 69 years S/o M.D. Tiwari, R/o 1/123, Sadar
Bazar, Delhi Cantt., New Delhi- 110010, the Complainant do hereby solemnly
affirm and declare as under:

1. That I am the Applicant in the captioned matter and as such am well


conversant with the facts of the case and competent to swear the present
affidavit.

2. That the accompanying application for condonation of delay has been


drafted by my counsel upon my instruction and I have gone through and
understood the same and I say that the contents thereof are true and correct
to the best of my knowledge.

DEPONENT

VERIFICATION

Verified at New Delhi on this____ day of _______ 2024 that the contents of my
above affidavit are true and correct to my knowledge and nothing has been
concealed therefrom.

DEPONENT

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy