Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19
OMP (COMM) 12/23
DEEPAK Vs. HDB FINANCIAL SERVICES LTD
28.10.2024
Present: Sh. Deep Soni, Ld. Counsel for petitioner.
None for respondent.
As per previous order, the matter was listed for arguments
on the point of limitation.
Present is a petition under Section 34 (2) of Arbitration
and Conciliation Act, 1996. Reply of the petition has already been
filed by the respondent. Ld. Counsel for petitioner states that he does
not wish to file any rejoinder to the reply. At request, matter is passed
over.
(RUBY ALKA GUPTA)
District Judge (Commercial Court)-02
East District/KKD Courts/Delhi
28.10.2024/M
At 11.40 a.m.
Present: Sh. Deep Soni, Ld. Counsel for petitioner.
Sh. Ashok Kumar, Ld. Counsel for respondent.
Matter is listed for arguments on the point of limitation.
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Ld. Counsel started his arguments by saying that he had
filed the petition before the wrong court i.e. before a Ld. Court in
Shahdara district. Vide order dated 26.07.2023, he was permitted to
withdraw the same with liberty to file it before the appropriate court.
On being asked about the date of filing of the said petition, he
admitted that said petition had also been filed late but is unable to
show any document on record.
When the application for condonation of delay filed in the
present petition was perused, the same does not mention any material
particulars. It does not mention the date of filing of present petition in
the court in Shahdara district, it also does not mention the date of
order of Ld. Court in Shahdara district. It also does not mention the
date when the petitioner was communicated about the passing of the
award. At this stage, Ld. Counsel sought an opportunity to amend his
application for condonation of delay.
The present petition was filed on 03.08.2023 and has
been listed number of times. Yet, an opportunity is sought to amend
the application for condonation of delay. The petitioner has adopted a
very casual approach towards the present petition. Last opportunity is
granted subject to payment of cost of Rs.10,000/-. If the amendement
application is not filed by the next date, matter shall be listed for order
on the present application i.e. application for condonation of delay.
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Matter be listed for further proceedings on 30.11.2024.
(RUBY ALKA GUPTA)
District Judge (Commercial Court)-02
East District/KKD Courts/Delhi
28.10.2024/M
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