IN THE COURT OF DISTRICT JUDGE (COMMERCIAL
COURT), TIS HAZARI COURT (CENTRAL), DELHI
CS (COMM) NO./ 293 / 2023
IN THE MATTER OF:
RAJAN WAHI …Plaintiff
VERSUS
AJAY TANEJA …Defendant
APPLICATION FOR CONDONATION OF DELAY IN FILING
WRITTEN STATEMENT UNDER PROVISO TO ORDER VIII
RULE 1 (AS AMENDED BY THE COMMERCIAL COURTS
2015) OF THE CODE OF CIVIL PROCEDURE. 1908
MOST RESPECTFULLY SHOWETH:
1. That the present suit has been filed by the Plaintiff for
recovery of amount of Rs. _____________ .
2. That on 09.05.2023, this Hon’ble had granted the
statutory time period i.e 30(Thirty) days to filed written
statement to the Defendant.
3. That the said statutory time period expired on 09.06.2023.
4. That the Defendant could not file the written statement
within the statutory time period as the written statement
contained documentation and factual intricacies which
required immense time of the counsel for the Defendant
and of the Defendant himself.
5. That said collation of documentation took almost 30
(Thirty) days on part of the Defendant. Thereafter, the
counsel for the Defendant started preparing the draft of
the Written Statement which took approximately 10 days
after thorough perusal of documents and research.
6. Thereafter, the Defendant provided its comments after 5
days of receiving the first draft considering the voluminous
facts involved in the case.
7. Thereafter, the counsel for the Defendant fell ill for 3-4
days due to which the draft could not be finalised for
signing of the Defendant.
8. That the counsel for the Defendant reviewed and finalised
the written statement and got the same approved and
signed from the Defendant only on 04.07.2023.
9. That by virtue of the present application, the Respondent
most humbly seeks indulgence of this Hon’ble Commission
to condone a delay of days in filing the present
written statement.
10. That the present application is made bona fide and in
the interest of justice and immense hardship shall be
caused to the Respondent if the present application is not
allowed by this Hon’ble Commission.
PRAYER
It is therefore most respectfully prayed that this Hon’ble
Commission may be graciously be pleased to:
A. Allow the present application and thereby condoning the
delay of days in filing the written statement;
B. Pass any such other Order(s) may deem fit and proper;
RESPONDENT
NEW DELHI
DATED:
THROUGH
SHIKHAR MITTAL
Advocate
D/1488/2015
W-31, LGF GREATER KAILASH
New Delhi 110048
Ph: +91- 9717671403
Email: shikhar@anmlegal.in
IN THE COURT OF DISTRICT JUDGE (COMMERCIAL
COURT), TIS HAZARI COURT (CENTRAL), DELHI
CS (COMM) NO./ 293 / 2023
IN THE MATTER OF:
RAJAN WAHI …Plaintiff
VERSUS
AJAY TANEJA …Defendant
AFFIDAVIT
I, Ajay Taneja, son of Sh. I.J. Taneja, aged about 54 years,
resident of G-1, 78, Ladli Bhawan, Kedarnath Road, Darya Ganj,
New Delhi – 110002, do hereby solemnly affirm and declare as
under:
1. I say that I am the Defendant in the abovementioned suit
and thus authorized to swear the present affidavit and
hence am fully conversant with the facts and
circumstances of the case on the basis of my personal
knowledge and as such am competent to depose the
present Affidavit.
2. I say that the accompanying application for condonation of
delay in filing written statement has been drafted by my
counsel under my instructions and say that the contents of
the written statement are true and correct on the basis of
knowledge derived and from the records maintained in the
ordinary course of business and nothing material has been
concealed therefrom.
DEPONENT
VERIFICATION:
Verified at Delhi on ______________ that the contents of the
above affidavit are true and correct to my knowledge and
nothing material has been concealed therefrom.
DEPONENT
