IN THE HIGH COURT OF DELHI AT NEW DELHI
(Ordinary Original Civil Jurisdiction)
IA No. of 2023
In
OMP (COMM) No. 478 of 2020
RMS AUTOMATION SYSTEM LTD. ...PETITIONER
VERSUS
TATA POWER DELHI DISTRIBUTION LTD. ...RESPONDENT
INDEX
S.NO. PARTICULARS PAGE
1. Index
2. Application for condonation of delay read with
Section 151 of CPC, 1908 along with Supporting
Affidavit
3. Proof of Service
New Delhi KANIKA SINHA
Dated: __ April, 2023 (D/590/2006)
Sinha Mehra and Associates
Advocates for Petitioners
B - 16, Defence Colony
New Delhi 110 026
Email: kanika@smlaw.in
Phone: 011-41087167
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Ordinary Original Civil Jurisdiction)
IA No. of 2023
In
CS (COMM) No. 478 of 2020
RMS AUTOMATION SYSTEM LTD. ...PETITIONER
VERSUS
TATA POWER DELHI DISTRIBUTION LTD. ...RESPONDENT
APPLICATION UNDER SECTION 151 OF CPC, 1908 FOR
CONDONATION OF DELAY IN FILING OF COMPILATION OF
JUDGMENTS ON BEHALF OF THE CLAIMANT.
The Applicant/Petitioner, respectfully submits as follows:
1. The Petitioners had filed the present petition under section 34 of
the Arbitration and Conciliation Act, 1996 for setting aside the
award dated 04.08.2022 passed by Sh. O.P. Gupta, Distt. &
Sessions Judge (Retd.), Ld. Sole Arbitrator in the matter referred
vide arbitration petition no. 1015 of 2021.
2. The aforesaid petition had come up for hearing before this Hon’ble
Court last on 27.02.2023, whereby this Hon’ble Court was pleased
to grant two weeks’ time to the parties to file their convenience
compilations before the next date of hearing viz. 13.04.2023.
3. The petitioner had duly filed the convenience compilation on
March 3, 2023 and the same has been taken on record. However,
the accompanying Compilation of Judgments supposed to be filed
with the said convenience compilation could not be filed in time.
The Counsel for the Petitioners who was dealing with the matter at
the moment is no longer attached to the office. Consequently, the
Counsel presently working on the matter was under an impression
that the said Compilation had already been filed along with the
written submissions filed on March 3, 2023.
4. It is submitted that the aforesaid Compilation of Judgments was
filed on April 1, 2023 i.e. two weeks before the next date of
hearing. It is thus submitted that the delay caused has been
unintentional and the Applicant has acted in a bona fide manner to
the best of their abilities, in order to avoid any delay in the
abovementioned pleadings. The actual delay that has been
eventually caused is deeply regretted and it is re-iterated that it was
neither deliberate nor intentional.
5. It is submitted that grave prejudice will be cause to the Applicant
in the event the delay is not condoned, and no prejudice will be
caused to the Defendant No. 1. However, if the present application
is dismissed it shall cause grave injury to the Applicant.
PRAYER
6. In light of the above facts and circumstances, it is humbly prayed
that this Hon’ble Court may be pleased to:
a. Condone the delay in filing the Compilation of
Judgments on behalf of the Claimant/Applicant.
b. Pass any further orders that this Hon’ble Court may deem
fit.
New Delhi KANIKA SINHA
Dated: __ April, 2023 (D/590/2006)
Sinha Mehra and Associates
Advocates for Petitioners
B - 16, Defence Colony
New Delhi 110 026
Email: kanika@smlaw.in
Phone: 011-41087167
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Ordinary Original Civil Jurisdiction)
IA No. of 2023
In
OMP (COMM) No. 478 of 2020
RMS AUTOMATION SYSTEM LTD. ...PETITIONER
VERSUS
TATA POWER DELHI DISTRIBUTION LTD. ...RESPONDENT
AFFIDAVIT
I, Arun Kumar Khanna, S/o Sh. Late Sh. Banwari Lal Khanna, aged
about 70 years, working as the Managing Director at M/s. RMS
Automation Systems Limited, C/o at C-138, Phase-1, Narayana
Industrial Area, do hereby solemnly affirm on oath and declare as
under:
1. I say that I am the Authorized Representative of the Petitioner
Company. I am duly authorized to sign, verify and file
pleadings on behalf of the Petitioner Company, Hence
competent to swear this affidavit.
2. I say that the accompanying application has been drafted under
my instruction. The contents of the same are true and correct to
the best of my knowledge.
DEPONENT
VERIFICATION
I, the above named deponent do hereby verify that the contents of the
foregoing affidavit are true to the best of my knowledge and belief.
Nothing material has been concealed therefrom.
Verified and signed on this ____ day of April, 2023 at New Delhi.
DEPONENT
