IN THE COURT OF SH.
SANJEEV KUMAR MALHOTRA
DISTRICT JUDGE (COMMERCIAL COURTS), NORTH EAST DISTRICT
KARKARDOOMA COURTS, DELHI
CS (COMM) 92/ 2025
IN THE MATTER OF :
RIYAZ MALIK … PLAINTIFF
VERSUS
NAWAB MALIK … DEFENDANT
APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT R/W
151 OF CPC FOR CONDONATION OF DELAY IN FILING THE
WRITTEN STATEMENT
MOST RESPECTFULLY SHOWETH:
1. That the present suit for recovery is pending before hon’ble court and
next date of hearing is 29.08.2025.
2. That the written statement ought to have been filed on 18.08.2025 and
there is a delay of 5 days in filing written statement.
3. That is submitted that the written statement cum counter claim could not
be e-filed on time as there was some technical issues is accessing the e-
filing password and counsel for the defendant could not file the Written
statement on 18.08.2025.
4. That on 19.05.2025 the counsel for Defendant submitted before hon’ble
court that written statement would be filed alongwith appropriate
application for Condonation of delay forthwith but Defendant who is a
diabetic patient was not feeling well and could not come to court for
signing the application. Further submitted that before e-filing the
counsel for Defendant also noticed some typographical mistakes in
written statement which were also required to be corrected but defendant
could not come to court due to above mentioned reason.
5. That the Defendant was unwell since 19.08.2025 and has been able
could come to the court on 23.08.2025 and the delay in filing written
statement cum counter claim is for above mentioned bonafide reasons
only. Further submitted that Refusing to condone delay can result in a
meritorious matter being thrown out at the very thresholdand cause of
justice being defeated
That It is submitted that no prejudice will be caused to the plaintiff by granting
permission to file written statement to defendant.
Refusing to condone
delay can result
in a meritorious
matter being thrown
out at the very
threshold
and cause of justice
being defeated
6. That in the above mentioned facts and circumstances the delay may
please be construe as sufficient cause for condoning the delay and if
condoning the delay being denied it would seriously cause miscarriage
of justice for the Applicant/Defendants.
7. Refusing to
condone delay can
result
8. in a meritorious
matter being
thrown out at the
very threshold
9. and cause of
justice being
defeated
7. The delay in the filing of written statement is neither intentional nor
willful but due to the good and sufficient reasons shown herein above.
Interest of justice demands that the present application is to be allowed
and delay in filing of written statement is condoned so that the matter
can be adjudicated upon on its merit.
PRAYER:-
In view of the facts stated and submissions made herein above, it is most
respectfully prayed to this Hon’ble Court that this Hon’ble Court may
kindly be pleased to:
i. Allow the present Application and condone the delay of 5 days
in filing written statement.
ii. Pass any such other orders as it may deem fit to this Hon’ble
Court in the facts and circumstances of the case
DEFENDNAT
Filed Through :
SHIVESH P. SINGH
& MANJUL MAYANK SHUKLA
Advocates
Counsel for Defendant No.1 &
LRs of Defendant no.2
295, Lawyers Chamber Block-II,
Delhi High Court, New Delhi-110001
Dated: 19.08.2025
Place : Delhi
IN THE COURT OF SH. AASHISH GUPTA
DISTRICT JUDGE-01, NORTH EAST
KARKARDOOMA COURTS, DELHI
CS DJ NO. 267 OF 2022
IN THE MATTER OF :
AMITA …. PLAINTIFF
VERSUS
MESSY MASSAY & ORS. … DEFENDANTS
AFFIDAVIT
I, Maisee Maseeh S/o Late Gokul Chand R/o K-432, Gali No.4, Gautam Vihar,
Delhi-110053, aged about 83 years do hereby solemnly affirm and declare as
under:-
1. That I am the defendant No.1 in the present suit and am well conversant
with the facts and circumstances of the case and thus competent to swear
this affidavit.
2. That the accompanying application is drafted by our counsel under our
instructions and the same are read over to me in vernacular form and
explained to me and all the contents thereof are true and correct to my
knowledge and same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on __ day of Aug , 2025, that the contents of above affidavit
are true and correct to my knowledge and no part thereof is false and nothing
material concealed therefrom.
DEPONENT
IN THE COURT OF SH. AASHISH GUPTA
DISTRICT JUDGE-01, NORTH EAST
KARKARDOOMA COURTS, DELHI
CS DJ NO. 267 OF 2022
IN THE MATTER OF :
AMITA …. PLAINTIFF
VERSUS
MESSY MASSAY & ORS. … DEFENDANTS
AFFIDAVIT
I, Manju W/o Late Anil Kumar R/o K-432, Gali No.4, Gautam Vihar, Delhi-
110053, aged about 50 years do hereby solemnly affirm and declare as under:-
1. That I am the LR of defendant No.2 in the present suit and am well
conversant with the facts and circumstances of the case and thus
competent to swear this affidavit.
2. That the accompanying application is drafted by our counsel under our
instructions and the same are read over to me in vernacular form and
explained to me and all the contents thereof are true and correct to my
knowledge and same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on __ day of Aug , 2025, that the contents of above affidavit
are true and correct to my knowledge and no part thereof is false and nothing
material concealed therefrom.
DEPONENT
IN THE COURT OF SH. AASHISH GUPTA
DISTRICT JUDGE-01, NORTH EAST
KARKARDOOMA COURTS, DELHI
CS DJ NO. 267 OF 2022
IN THE MATTER OF :
AMITA …. PLAINTIFF
VERSUS
MESSY MASSAY & ORS. … DEFENDANTS
AFFIDAVIT
I, Akansha D/o Late Anil Kumar R/o K-432, Gali No.4, Gautam Vihar, Delhi-
110053, aged about 18 years do hereby solemnly affirm and declare as under:-
1. That I am the LR of defendant No.2 in the present suit and am well
conversant with the facts and circumstances of the case and thus
competent to swear this affidavit.
2. That the accompanying application is drafted by our counsel under our
instructions and the same are read over to me in vernacular form and
explained to me and all the contents thereof are true and correct to my
knowledge and same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on __ day of Aug , 2025, that the contents of above affidavit
are true and correct to my knowledge and no part thereof is false and nothing
material concealed therefrom.
DEPONENT
IN THE COURT OF SH. AASHISH GUPTA
DISTRICT JUDGE-01, NORTH EAST
KARKARDOOMA COURTS, DELHI
CS DJ NO. 267 OF 2022
IN THE MATTER OF :
AMITA …. PLAINTIFF
VERSUS
MESSY MASSAY & ORS. … DEFENDANTS
INDEX
S.No. Particulars Pages
1. WRITTEN STATEMENT ON BEHALF OF
DEFENDNAT NO.1 & LR’S OF
DEFENDANT NO. 2 AGAINST THE
AMENDED PLAINT WITH SUPPORTING
AFFIDAVIT
Through:
SHIVESH P. SINGH
& MANJUL MAYANK SHUKLA
Advocates
Counsel for defendant no.1
298, Lawyers Chamber
Block-II, Delhi High Court
New Delhi-110001
