IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) NO. OF 2024
IN THE MATTER OF:
ARUN KUMAR BHATIA AND ORS …PETITIONERS
VERSUS
GOVERNMENT OF NCT OF DELHI AND ORS …RESPONDENTS
INDEX
[Link]. PARTICULARS PAGE NO.
1. APPLICATION UNDER SECTION
151 CIVIL PROCEDURE CODE
1905, SEEKING DIRECTION
AGAINST THE RESPONDENT
RIGHT TO FILE THE
REPLY/COUNTER- AFFIDAVIT.
2. PROOF OF SERVICE
THROUGH
(ABHAY PRATAP SINGH)
D/2725/2014
ADVOCATE
CHAMBER 386, LAWYERS BLOCK II
HIGH COURT OF DELHI
NRW DELHI-110003
E-MAIL: ABHAYPSINGH12@[Link]
NEW DELHI
DATE:
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) NO. OF 2024
IN THE MATTER OF:
ARUN KUMAR BHATIA AND ORS …PETITIONER
VERSUS
GOVERNMENT OF NCT OF DELHI AND ORS …RESPONDENTS
APPLICATION UNDER SECTION 151 CIVIL
PROCEDURE CODE 1908, SEEKING DIRECTION
AGAINST THE RESPONDENTS TO EITHER FILE
THE REPLY/COUNTER- AFFIDAVIT OR IN THE
ALTERNATE TO CLOSE THE RIGHTS OF THE
RESPONDENTS TO FILE A REPLY IN THE SAID
PETITION
MOST RESPECTFULLY SHOWETH:
1. That the present application is filed by the Petitioners
seeking direction against the Respondents Right to file
the Reply/ Counter-Affidavit.
2. That the writ Petition has been filed by the Petitioners
and the contents of the writ Petition may be read as
part and parcel of the present application and have not
been reiterated for the sake of brevity.
3. That as per order dated 25.04.2024 this Hon’ble Court
directed the Respondents to file their Reply within six
weeks. The relevant extract of order dated 25.04.2024
is reproduced below.
“7. Reply be filed within six weeks. Rejoinder thereto, if
any, be filed within six weeks before the next date of
hearing.”
(Emphasis Supplied)
4. That on the next date of hearing the present matter
was listed before the Ld. Registrar of this Hon’ble
Court. On the next date of hearing i.e., 27.08.2024 no
Counter Affidavit was filed by any of the Respondents
and the Respondents again requested for time to file
their respective Reply/Counter Affidavit. The Ld.
Registrar of this Hon’ble Court on the request of the
Respondents again provided another six weeks time to
the Respondents to file their appropriate
Reply/Affidavit. The relevant extract of order dated
27.08.2024 is reproduced below.
“At request, six weeks time is granted to the
respondents to file the counter affidavit with advance
copy to counsel for the petitioner. Rejoinder thereto be
filed within four weeks thereafter as prayed for.”
(Emphasis Supplied)
5. That again on next date of hearing i.e., 10.12.2024,
respondents requested for time to file their respective
Reply/Counter affidavit. The said request was duly
accepted by the Ld. Registrar of this Hon’ble Court.
The relevant extract of order dated 10.12.2024 is
reproduced below.
“At request, four weeks time is granted to respondents
to file the counter affidavit with advance copy to counsel
for the petitioner. Rejoinder thereto be filed within four
weeks thereafter.”
(Emphasis Supplied)
6. That accordingly the 4 weeks period ended on
10.01.2025, however till date no Reply/Affidavit has
been filed by any of the Respondents.
7. That time and again Respondents requested for the
time to file the Counter Affidavit and this Hon’ble
Court granted same to the Respondent.
8. That a period of more than 8 months has passed since
the initial order. However, the Respondents have not
filed their Reply/ Counter Affidavit. Accordingly, The
Respondents are unnecessary delaying the present
matter for non-reason whatsoever.
9. That it is most respectfully prayed before this Hon’ble
Court that a last and final opportunity may be granted
to the Respondents to file their appropriate
Reply/Affidavit within a period of 4 weeks or in the
alternative close the rights of the Respondents to file
their appropriate Affidavit.
10. That the balance of convenience is in the favour of
the Petitioner. That in case the present application is
not considered it will cause irreparable loss and
damages to the Petitioner.
11. That the present application has been moved
bonafide and in the interest of the justice.
PRAYER
In the facts and circumstances of the present case, the
respondent herein most respectfully craves for the
indulgence of this Hon’ble High Court and to grant the
following relief:
a. Pass an order directing the Respondents to file their
appropriate Affidavit within a period of 4 weeks as the
last and final opportunity
OR IN THE ALTERNATIVE
b. Pass a direction closing the right of the Respondents
to file the Reply/ Counter Affidavit.
AND/OR
Pass any other further which this Hon’ble Court may
deem fit and proper, in the facts and circumstances of
the case, in favour of the Petitioner.
AND FOR THIS ACT OF KINDNESS THE
PETITIONER, AS IN DUTY BOUND, SHALL EVER
PRAY.
PETITIONERS
THROUGH
(ABHAY PRATAP SINGH)
D/2725/2014
ADVOCATE
CHAMBER 386, LAWYERS BLOCK II
HIGH COURT OF DELHI
NRW DELHI-110003
E-MAIL: ABHAYPSINGH12@[Link]
NEW DELHI
DATE:
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) NO. OF 2024
IN THE MATTER OF:
ARUN KUMAR BHATIA AND ORS …PETITIONERS
VERSUS
GOVERNMENT OF NCT OF DELHI AND ORS …RESPONDENTS
AFFIDAVIT
I, Swami Ganga Dass, S/O Swami Ram Devanand Ji, aged
about 70 R/O Flat No. 1184, Pocket-3, Sector-19,
Akshardham Apartment, Dwarka, New Delhi-110075,
Presently at Delhi do hereby solemnly affirm and declare
as under:-
1. That I am the Authorised Representative being the Power
of Attorney Holder of the Petitioners in the above noted
case and well conversant with the facts of the case and
competent to swear this affidavit.
2. That I have gone through the contents of the
accompanying application and same are true and
correct to the best of my knowledge and no part of it if
false and nothing material has been concealed therefrom
and the present Application has been drafter as per my
instruction.
DEPONENT
VERIFICATION:
Verified on Solemn affirmation at New Delhi on this _____ day of
_______, 2025 that the contents of the above affidavit are true to
my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
