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    Sana Parveen
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    Application under Section 151 Of Civil Procedure Code 1908 on behalf of the Defendant Nos. 1 to 5 for recalling costs imposed in Order Dated 18.04.2024

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    In The High Court of Delhi at New Delhi Ia

    Uploaded by

    Sana Parveen

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 5

    IN THE HIGH COURT OF DELHI AT NEW DELHI IA

    No. of 2024
    in
    CS(OS) 270/2023 In
    the Matter of :
    MITHUN DAS .....Plaintiff
    Versus
    ARVIND PANI & ORS. .....Defendants

    Application under Section 151 Of Civil


    Procedure Code 1908 on behalf of the Defendant Nos. 1 to 5 for recalling
    costs imposed in Order Dated 18.03.2024

    MOST RESPECTFULLY SHOWETH:

    1. That the present Suit has been filed for damages, defamation,

    malicious prosecution and permanent injunction against

    Defendants. The defendants were Caveators in the same. The

    contents of the Suit are not repeated herein for the sake of brevity,

    and the Defendant craves leave and permission of this Hon’ble

    Court to refer and rely upon the contents of the main Petition at

    the time

    of hearing of the present Application.

    2. That, while Notice was pending in the aforesaid matter, and whereof

    the Court fee in the said Suit was not paid, the Counsel for the

    Plaintiff preferred an application (copy of which was served on the

    Defendant on 29.07.2023) averring, and not praying, that this

    Hon’ble Court be pleased to club the present suit alongwith Civil Suit

    (OS) 46/2023. It is respectfully submitted that the issues involved are


    different in the said suits and that the Parties concerned are also

    different. It is also submitted that Chapter X, Rule 2(ii) of the DELHI

    HIGH COURT (ORIGINAL SIDE) RULES, 2018 provides for the

    following:

    “The applicant shall be bound to in1mate the opposite par1es by any or

    all modes including SMS/ e-mail/ fax or any other recorded delivery of

    the date on which the applica1on is scheduled to be listed. The applicant

    shall be bound to in1mate the opposite par1es by any or all modes

    including SMS/ e-mail/ fax or any other recorded delivery of the date on

    which the applica1on is scheduled to be listed.”

    But the same was never intimated to the Counsel for defendants, who

    were on caveat, and merely an e-mail was sent an Application for

    early hearing stating the next date of hearing to be on 25.09.2023,

    was sent on 29.07.2023

    4. However, the same came to be allowed by this Hon’ble Court and the

    suit was registered as a plaint on 01.08.2023. That this Hon’ble Court

    vide Order dated 01.08.2023 was pleased to issue Notice in the matter.

    5. It is hereby submitted that, by their own admission in I.A. Filed On

    Behalf of Petitioner MITHUN DAS Vide Diary No : 990735/2024, it

    has been stated that the Defendants herein received a copy of the

    Plaint along with documents to the Defendants on 29.08.2023.

    Thereafter, the Defendants herein proceeded to serve the copy of the

    Written Statement and Reply to O39 Rule 1 & 2 Application, on


    27.09.2023, and after which the said was filed on the same day, i.e.

    27.09.2023, and defects were notified on 06.10.2023.

    6. The defendants have thereafter constantly followed it up with the

    Registry of this Hon’ble Court. However, when all defects were

    apparently cured, the Registry notified defects on 14.02.2024, and the

    same was rectified, and the same came to be listed on 28.02.2024,

    where the Hon’ble Court( Ld. Joint Registrar(Judicial) ordered the

    following:-

    “As per office note, written statement and affidavit of admission/denial

    of documents filed on behalf of the defendant no.1 to 5 have been

    returned under objection. Learned counsel for defendant no.1 to 5 is

    requested to check it up with the Registry and have the same placed

    on record.”

    Therefore, the Written Statement and affidavit of admission/denial

    were on record. However, on 28.02.2024, when the matter was listed

    before the Hon’ble DHJS, the counsel for the Defendants learnt that

    defects were again notified a day before i.e. on 28.02.2024, for a fresh

    affidavit of admission/denial is to be filed, and that owing to the same,

    it cannot be processed further. Nonetheless, the same was also

    obtained and refiled, and after scrutiny, certain more defects were

    notified by the Registry on 01.03.2024, which has been again

    corrected and refiled.

    7. It is most respectfully submitted that the defendants have constantly

    followed it up with the Registry of this Hon’ble Court. However, owing

    to scrutiny and refiling, the same has taken considerable time. All the
    more because the documents and corrections had to be approved and

    refiled by the Counsel of the Defendants, and the Defendants are

    placed by and between offices at Dubai, Bangalore, and Kolkata. That

    there was never any delay on part of the Defendants to do the needful,

    and the delay, if any, has been on account of scrutiny and sincere

    efforts to rectify the same has ensued a bit of time, and the delay is on

    no fault

    of the Defendants.

    8. Furthermore, it is submitted that the Counsel for defendants have

    been appearing before this Hon’ble Court. However, the appearance for

    the same has not been recorded. A perusal of Order dated 28.02.2024,

    as stated hereinabove, also shows that the Counsel of the Defendants

    were directed to check for defects and with the Registry. In fact, in the

    order dated 18.03.2024, it has been clearly stated too, that at the

    “joint request of the parties, the matter is being adjourned”.

    9. Furthermore, Order dated 18.03.2024, also records at the joint

    request of the Parties, and despite providing the Appearance Slip, the

    same was not recorded in the Order Sheet. That it is submitted that

    there has been no delay, which is either willful or wanton but due to

    multiple unavoidable reasons beyond the control of these Defendants,

    and for which the Defendants have preferred a separate application

    seeking condonation of delay.

    10. Therefore, in light of the above, it is prayed that costs imposed

    in Order Dated 18.03.2024, maybe recalled. That no prejudice will be


    caused to the plaintiff if the present application is allowed, and on the

    other hand great prejudice would be caused to the Defendants if the

    prayer made herein below is not allowed by this Hon’ble Court.

    PRAYER
    In view of the submissions abovementioned and in the facts and
    circumstances of the present case, it is most respectfully prayed
    that this Hon'ble court may be pleased to

    a) Allow the present application for recalling costs imposed in


    Order Dated 18.03.2024; and

    b) Pass any other or further orders as this Hon'ble Court may


    deem fit and proper in the facts and circumstances of the
    present case and in the interest of justice.
    AND FOR THS ACT OF KINDNESS, THE APPLICANTS AS IN DUTY, BOUND
    SHALL EVERY PRAY.

    FILED BY

    ADEEL AHMED, SOUMI GUHA THAKURTA


    & SANA PARVEEN
    Counsel for Defendants 1 TO 5
    NEW DELHI
    DATE: 06/04/2024

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