IN THE ---------------
COURT OF DELHI AT NEW DELHI
I.A NO. OF 2015
IN
------------. _______ OF 2015
IN THE MATTER OF:-
ABC. … Applicant
VERSUS
Xyz
… Respondent
APPLICATION UNDER SECTION 5 OF LIMITATION ACTON BEHALF
OF THE PETITIONER FOR CONDONATION OF DELAY IN RE-FILLING THE PRESENT
RESTORATION APPLICATION.
MOST RESPECTFULLY
SHOWETH:-
1 . That the
petitioner has filed accompanying application for restoration of objection
petition. That all the facts have been stated in the restoration application
and may be treated as part and parcel of
the present
application and the same is not reproduced for the sake of brevity.
2. That the present
restoration application has been filed on ----------- before this Hon'ble
Court. The application for restoration came under objections on -----------.
The said application was collected from registry.
3. . That while
dismissing the present objection petition in default and non-prosecution
because of non-appearanceon
behalf of the petitioner, the Hon’ ble High
Court that no application for restoration would be entertained unless cost of
Rs.5,000/- are first paid. The counsel for petitioner informed the department
for preparation of cheque of Rs.5,000/-. The concerned department at delhi,
processed the file for the said cheque. After due approval and sanction, the cheque
was finally prepared on ----------- .. The cheque having no. ----------- of
Rs.5,000/- was sent from delhi and handed over ·to the counsel on -----------.
The said cheque of Rs.5,000/- was handed
over to the
respondent counsel on -----------. The Hon
I ble High Court
was closed for winter vacation on -----------. Thereafter the present
restoration application was re-filed on -----------after reopening of Hon’ ble Court. In
the process delay has occurred in refilling the present restoration
application. The copy of letter &
photocopy of cheque
are annexed as ANNEXURE--- (COLLY).
4. That the delay in
refilling is not willful or international rather circumstantial.
PRAYER
In view of the
aforesaid facts and circumstances, it is most respectfully prayed that this
Hon' ble Court may be graciously be pleased to:-
I. condone the delay
of 85 days, in refilling the present application for restoration of the
objection petition.
II. Pass such other
and further order as this Hon' ble Court
may deem fit and proper in the facts and
circumstances of the case.
PETITIONER/ APPLICANT
THROUGH
Advocate
NEW DELHI
DATE:
