Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: 21 Civ Suit 951/23
ANUBHAV BHARDWAJ Vs. SOMVEER NAYAK
CNR No.DLET030017932023
13.10.2026
Present: Plaintiff in person through V/C.
Sh. Raghuvendra Singh, Ld. Proxy Counsel for the
defendant.
Arguments have been heard on the application seeking
condonation of delay in filing the WS. Record has been perused.
There is a delay of approximately 89 days in filing the
WS. It has been stated in the application that the delay occurred due to
health issues suffered by the previous counsel engaged by the
defendant. The plaintiff vehemently opposes the application,
contending that the application is not supported by any medical
documents of the previous counsel.
In the opinion of this Court, the application cannot be
rejected solely on the ground that it is not accompanied by medical
documents pertaining to the previous counsel. It cannot be overlooked
that the defendant may not have access to or may not be in a position
to procure the medical documents of the previous counsel. Thus, in
the interest of justice and keeping in view the explanation furnished
for the delay as well as the principle that matters ought to be decided
on merits as far as possible, the application stands allowed. The WS is
accordingly taken on record. However, a cost of Rs.2,000/- is imposed
upon the defendant to be paid to the plaintiff on the NDOH to
compensate for the delay caused.
The plaintiff is directed to file replication, if any, with
advance copy to the opposite party before the NDOH.
Be put up for further proceedings on 23.11.2026.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
13.10.2026
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