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restoration application for execution of gee aar chits vs. ajay kr. sharma

The document is an application filed by M/s. Gee AAR Chits Pvt. Ltd. to recall a court order dismissing their execution petition due to non-appearance on 06.02.2015. The petitioner claims that the dismissal was unintentional, caused by a failure to track the hearing date, and argues that setting aside the order is necessary to prevent irreparable loss. The application is supported by an affidavit from the petitioner's counsel affirming the truth of the claims made.

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15 views6 pages

restoration application for execution of gee aar chits vs. ajay kr. sharma

The document is an application filed by M/s. Gee AAR Chits Pvt. Ltd. to recall a court order dismissing their execution petition due to non-appearance on 06.02.2015. The petitioner claims that the dismissal was unintentional, caused by a failure to track the hearing date, and argues that setting aside the order is necessary to prevent irreparable loss. The application is supported by an affidavit from the petitioner's counsel affirming the truth of the claims made.

Uploaded by

abc29
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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IN THE HON’BLE COURT OF MS.

PREETI
AGGARWAL: ADJ: ROHINI COURTS: DELHI.

Ex. Petition No. 11/2014

IN THE MATTER OF:

M/s. Gee AAR Chits Pvt. Ltd. … Decree


Holder

Versus

Sh. Ajay Kumar Shama & Ors. … Judgment Debtors

Dismissed in default on: 06.02.2015

APPLICATION ON BEHALF OF THE PETITIONER/


APPLICANT UNDER ORDER IX RULE 4 & 9 READ
WITH SECTION 151 OF THE CPC FOR RECALL/ SET
ASIDE THE ORDER DATED 06.02.2015.

MOST RESPECTFULLY SHOWETH:

1. That the above noted execution petition was

pending adjudication before this Hon’ble Court.

2. That the Petitioner/applicant has filed above

mentioned execution petition before this Hon’ble

Court on 19.12.2013 and the matter was

adjourned for 20.12.2013.

3. That on 20.12.2013 the Hon’ble Court was on

leave and the matter was adjourned to

21.01.2014, and on 21.01.2014 the Hon’ble Court

was pleased to direct the Petitioner /applicant to

file the certified copies of the arbitration award


with postal receipts and the matter was adjourned

to 25.04.2014.

4. That the 25.04.2014 the matter was adjourned to

12.09.2014 for filing the certified copies of the

arbitration award as the applicant/ Petitioner could

not get the certified copy the same from the

arbitrator and the matter was adjourned to

30.01.2015.

5. That on 09.02.2015 the Petitioner / applicant

contacted the counsel and asked about the next

date of hearing of the case and on this the counsel

for the Petitioner search the case in the case diary

but the same was not mentioned in the case diary

of the counsel and then the counsel instructed his

colleague to search the case on internet and then

it came to the knowledge of the applicant/

Petitioner that the case already dismissed in

default on 06.02.2015 due to non appearance of

the Petitioner as well as his counsel.

6. That the clerk/ colleagues of the counsel for the

Plaintiff neither mentioned the next date of

hearing in the next year diary from the previous

diary for the year 2014 nor posted in the case for
next date of hearing and due to this reason the

counsel for the Petitioner as well as the Petitioner

could not appear before this Hon’ble Court and the

Hon’ble Court was pleased to dismiss in default

the execution petition on 06.02.1015. The relevant

pages of the case diary is enclosed herewith for

the kind perusal of this Hon’ble Court. It is further

submitted that even the file of the case has been

misplaced and not traceable.

7. That non appearance of the Petitioner / applicant

as well as the counsel is neither intentional nor

deliberate but due to the reason mentioned above.

8. That nothing prejudice shall be caused to the

Respondent, if the present application is allowed.

9. That in case the order dated 06.02.2015 is not set

aside/ recalled the Petitioner shall suffer

irreparable loss and injury which cannot be

compensated in terms of money.

10. That the present application is bonafide and in the

interest of justice.
It is, therefore, most respectfully and humbly

prayed that this Hon’ble Court may kindly be please to

recall/set aside the order dated 06.02.2015 and the

petition of the Petitioner may kindly be restored to its

original number and position, in the interest of justice.

Any other or further relief as deem fit under the

facts and circumstances of the case may also be

passed in favour of the Petitioner.

Applicant /Petitioner

Through
Delhi:
Dated: Counsel
IN THE HON’BLE COURT OF MS. PREETI
AGGARWAL: ADJ: ROHINI COURTS: DELHI.

Ex. Petition No. 11/2014

IN THE MATTER OF:

M/s. Gee AAR Chits Pvt. Ltd. … Decree


Holder

Versus

Sh. Ajay Kumar Shama & Ors. … Judgment Debtors

AFFIDAVIT

Affidavit of Sh. Jitendra Pancharia, Advocate

Chamber No. 330, Western Wing, Tis Hazari Courts,

Delhi, do hereby solemnly affirm and declare as under:

1. That I am the counsel for the Petitioner in the

above noted petition and well conversant with the

facts and circumstances of the case and is

competent to swear the present affidavit.

2. That I have drafted the accompanying application

under order IX rule 4 and 9 read with section 151

of the CPC under my instructions of the plaintiff

and the contents of the same are true and correct

to the best of my knowledge.


3. That the contents of the accompanying application

may kindly be read as part and parcel of this

affidavit, which is not reproduced herein for the

sake of brevity.

DEPONENT
VERIFICATION:

Verified at Delhi on this ___day of February 2015,

that the contents of the above affidavit are true and

correct to my knowledge and nothing material has been

concealed therefrom.

DEPONENT

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