IN THE COURT OF DISTRICT JUDGE, GAUTAMBUDH NAGAR

Arbitration Misc Application NO. 61 OF 2012

In the matter of :
M/s Rajput Properties & Developers Pvt. Ltd. .....APPLICANT

VERSUS

M/s Alpine Township Pvt. Ltd. & Ors. ...........RESPONDENTS

APPLICATION ON BEHALF OF THE APPLICANT

UNDER SECTION 5 OF THE LIMITATION ACT FOR
CONDONATION OF DELAY IN FILING THE
APPLICATION UNDER ORDER 9, RULE 4READ WITH
SECTION 151 OF THE CODE OF CIVIL PROCEDURE
1908, FOR SETTING ASIDE ORDER DATED
08.08.2013 PASSED BY THIS HON’BLE COURT.

MOST RESPECTFULLY SHOWETH :

1. That the Applicant had filed the above-mentioned suit against the
respondents for restraining the respondents by means of interim
injunction from dispossessing/evicting the applicant from the
property/plot situated at Plot No. GH 16, Sector -1, Greater Noida,
U.P.

2. That the accompanying application has been preferred for setting

aside the dismissal order dated 08.08.2013, whereby the suit of the
Applicant was dismissed on account of non-appearance of the
counsel of applicant. That the Applicant could not appear on the said
date owing to the reason that there was strike in the Gautambudh
Nagar Court thus there was complete shut down to the work at the
Court. It was during such strike the matter came up for the hearing on
08.08.2013 and the Applicant in the assumption that there was strike
in the Court, could not appear in the Court while the Counsel for the
applicant could not appear before this Hon’ble Court due to
preparation for Id, being the last day of Ramzan and hence the matter
for default in appearance was dismissed.
3. That the Applicant herein after the dismissal order dated 08.08.2013 in
the present matter, has moved an application under Section 9 of
Arbitration And Conciliation Act, 1996, being the O.M.P. No. 931/2013
moved Delhi High Court 08.08.2013 in the present matter, has moved
an application under Section 9 of Arbitration And Conciliation Act, 1996,
being the O.M.P. No. 931/2013 before the Hon’ble High Court of Delhi
and in the said matter the petitioner/applicant conceded that under the
Agreement dated 20th August 2011 with the respondents, Delhi courts
would have exclusive jurisdiction, which is why the captioned petition is
filed, in this court. The Hon’ble High Court vide order dated 17.09.2013
disposed off the present matter however giving the liberty to the
Petitioner/applicant to approach the Hon’ble High Court after after
taking appropriate steps qua the order dated 08.08.2013 passed by the
District Judge, Gautam Budh Nagar, U.P i.e. this Hon’ble Court.

4. That there after the Applicant applied for the certified copy of the
order and the same was received on 28 th September 2013 and
immediately thereafter the applicant moved the accompanying
application for setting aside the dismissal order dated 8.8.2013., but
by the time there was a considerable delay of 23 days (i.e. 8 th
September 2013 to 1st October 2013)

5. That the delay in filing of the accompanying application was neither

intentional nor malafide on the part of the Applicant but for the
reasons stated herein above. The present application is being made
bonafide and in the interest of Justice. The Applicant submits that
this Hon’ble Court would consider the cause sufficient to condone the
delay .

6. That if the present application is not considered by this Hon’ble Court,

the applicant would incur huge losses in his business which cannot
be compensated in terms of money , whereas no real prejudice is
going to be caused to anyone if this application is allowed.

7. That the Applicant holds this Hon’ble Court in high esteem.

 IN THE PREMISES STATED HEREIN ABOVE IT IS THE
MOST RESPECTFUL PRAYER OF THE APPLICANT THAT THIS
HON'BLE COURT MAY BE PLEASED TO :

i. Condone the inadvertent delay of 23 days and allow the

applicant to file the application under order 9, rule 4read
with section 151 of the code of civil procedure 1908, for
setting aside order dated 08.08.2013 passed by this
Hon’ble Court;

ii. And pass any other or further orders which this Hon’ble
Court may deem fit and proper in the facts and
circumstances of the present case, in favour of the
Applicant and against the Respondents.

Applicant

Through

DIWAN ADVOCATES
Counsel for Plaintiff
23-A, Chelmsford Road
Connaught Place
New Delhi – 110 001
Phone no.- 011-23741851
Gautambudh Nagar
Dated:
IN THE COURT OF DISTRICT JUDGE, GAUTAMBUDH NAGAR

Arbitration Misc Application NO. 61 OF 2012

In the matter of :
M/s Rajput Properties & Developers Pvt. Ltd. .......APPLICANT

VERSUS

M/s Alpine Township Pvt. Ltd. & Ors ...........RESPONDENTS

AFFI DAVI T

I, Suneel Kumar Rajput, s/o Shri Balwant Singh Rajput, Aged about, 52
years, Managing Director of M/s Rajput Properties & Developers Pvt. Ltd.
addressed at, C – 56/34, 2nd Floor, Magtech Tower, Sector – 62, Noida do
hereby solemnly affirm and declare as under:-
1. That I am the Petitioner/Applicant in the above noted Case. I am
conversant with the facts of the case and able to depose to the same.
2. That accompanying Application Under Section 5 of the Limitation Act
1963 has been drafted by my counsel under my instructions. I have
gone through and understood the contents of the same. I state on
solemn affirmation that the contents of the said Application is true and
correct to my knowledge whereas the legal aspects contain
therein are true to my information received and believed to be correct.
3. That no part of this affidavit is false and no material facts have been
concealed therefrom.

DEPONENT

VERIFICATION:
I, the above named deponent affidavit do hereby solemnly affirm
and declare that the contents of my above affidavit are true and correct to
my knowledge. God may help me
Verified at Delhi on this day of, October 2013.

DEPONENT