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CONDONATION OF DELAY IN WS Final

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Ankit Mishra
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0% found this document useful (0 votes)
17 views4 pages

CONDONATION OF DELAY IN WS Final

mnbm

Uploaded by

Ankit Mishra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HON’BLE COURT OF MS SANA KHAN, CIVIL JUDGE-05, CENTRAL

DISTRICT, TIS HAZARI COURT, DELHI


CS SCJ- 1537/2023
IN THE MATTER OF:
DHIRAJ KUMAR THAKUR … PLAINTIFF
Versus
UTKARSH SMALL FINANCE BANK … DEFENDANT
LDOH- 21.03.2025
NDOH- 09.05.2025
APPLICATION UNDER ORDER VIII RULE 1 OF THE CODE OF CIVIL
PROCEDURE, 1908 AND SECTION 5 OF THE LIMITATION ACT, 1963 READ WITH
SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE
DEFENDANT FOR CONDONING THE DELAY IN FILING THE WRITTEN
STATEMENT.

RESPECTED MADAM/SIR,

MOST RESPECTFULLY SHOWETH,

1. That the above captioned matter is pending adjudication and is listed before the Hon’ble
Court on 09.05.2025.

2. That by way of the present application, the Defendant seeks to condone the delay of 37
days from the date of first service of summons to the Defendant in filing of the Written
Statement.

3. That it is most respectfully submitted that the delay in filing the written statement is
attributed to the accounts managed by the Plaintiff across various branches of the
Defendant Bank. That the prolonged delay in obtaining the requisite documents can be
attributed to the logistical challenges posed by the geographic distribution of these
accounts.

4. That the delay is neither intentional nor deliberate but due to the reasons mentioned
herein above.
5. That in the aforementioned facts and circumstances, the Defendant herein respectfully
prays for condonation of delay in filing the Written statement. That no loss or prejudice
will be caused to the Plaintiff, if the present matter is allowed to be contested on merits,
however, a great loss would be caused to the Defendant, if the present application is not
allowed.
PRAYER
It is, most respectfully and humbly prayed that this Hon’ble Court may graciously be pleased
to:

a. Allow the present application on behalf of the Defendant and condone the delay of 37
days in filing the written statement and/or,

b. Pass any other order(s) that this Hon’ble Court may deem fit and proper in the interest of
justice and fair play.

DATE: 09.05.2025 DEFENDANT


DELHI
THROUGH
SRIVASTAVA LAW OFFICES

ADVOCATES

Rakshith Srivastava/Ashutosh Kr Tiwari/Ankit Mishra


IN THE HON’BLE COURT OF SH. GAURAV SHARMA, CIVIL JUDGE-05, CENTRAL
DISTRICT, TIS HAZARI COURT, DELHI
CS SCJ- 1537/2023
IN THE MATTER OF:
DHIRAJ KUMAR THAKUR … PLAINTIFF
Versus
UTKARSH SMALL FINANCE BANK … DEFENDANT
AFFIDAVIT
I, Mrs. Priyanka Sharma W/o Mr. Deepak Sharma, R/o House No.- K-274/1, Sharma Transport
Service, Naer, Green Meadows Public School, Karawal Nagar Extension, Dayalpur, North East
Delhi, Delhi- 110094, aged about 38 years, Authorised Representative of the Defendant having
its office at Metro Station, 9B, Pusa Road, Near Rajendra Place, Block- A, Rajendra Park,
Rajendra Place, New Delhi- 110060, herein, do hereby solemnly affirm that:

1. That I am the Authorised Representative of the Defendant and as such am conversant


with the facts of the case and competent to swear this affidavit.
2. That the accompanying Written Statement is filed on behalf of my counsel under my
instructions and the contents of which have been explained to me in my vernacular
language.
3. That the contents of the accompanying Written Statement are true and correct to my
knowledge and may be read as the part and parcel of this affidavit.
4. That this is my true statement.
DEPONENT

VERIFICATION:
Verified at Delhi on this ___ day of ________ that the contents of the above affidavit
are true and correct to my knowledge and no part of it is false and nothing has been
concealed therefrom.
DEPONENT

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