IN THE HIGH COURT OF DELHI AT NEW DELHI

(CIVIL APPEALLATE JURISDICTION)

CM APPL. No. ______/2023
IN
CM APPL. ______/2023
IN
R.F.A. (OS) No. 40/2023
IN THE MATTER OF:-
M/S. TOSIBA APPLIANCES CO. PVT. LTD. .......APPELLANTS
VERSUS
M/S. KABUSHIKI KAISHA TOSHIBA & ORS. ..RESPONDENTS

INDEX

S. NO. PARTICULARS PAGES

1. APPLICATION U/S 151 OF THE CODE 1-3

OF CIVIL PROCEDURE, 1908 FOR
CONDONATION OF DELAY IN
REFILING OF THE APPLICATION U/S
151 OF CODE OF CIVIL PROCEDURE,
1908 FOR EARLY HEARING OF THE
APPEAL WITH AFFIDAVIT.

FILED BY:

AWANISH SINHA & S.K.MOHANTY

Advocates
LGF-6/33-33A, Vikram Vihar,
Lajpat Nagar-IV, New Delhi-110024
Phones: 011-46516845/46516846
Mobile: 9811943220/9818236472
E-Mail: office@legalshebang.in

Place: New Delhi

Dated 05.04.2023
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPEALLATE JURISDICTION)
CM APPL. No. ______/2023
IN
CM APPL. ______/2023
IN
R.F.A. (OS) No. 40/2023
IN THE MATTER OF:-
M/S. TOSIBA APPLIANCES CO. PVT. LTD. .......APPELLANTS
VERSUS
M/S. KABUSHIKI KAISHA TOSHIBA & ORS. ..RESPONDENTS

APPLICATION U/S 151 OF THE CODE OF CIVIL

PROCEDURE, 1908 FOR CONDONATION OF DELAY IN
REFILING OF THE APPLICATION U/S 151 OF CODE OF
CIVIL PROCEDURE, 1908 FOR EARLY HEARING OF THE
APPEAL

MOST RESPECTFULLY SHOWETH

1. That the Appellant/Applicant had filed the abovementioned

Application in the present Appeal pending for adjudication
before this Hon’ble Court.
2. That the Appellant/Applicant submits that abovementioned
Application in the present Appeal was filed on 07.02.2023
vide Diary No. 203445/2023 before this Hon’ble Court and
the Registry has raised some defects in filing.
3. That the Appellant/Applicant submits that he had prepared all
the necessary documents and also the process fee form and
handed over the same to his clerk.
4. That due to oversight of the clerk in the Office of the Counsel
for the Appellant/Applicant defects in filing could not be
cured before this Hon’ble Court within the stipulated time.
The counsel for the petitioner enquired about the status of the
same from the clerk in the Office on 05.04.2023 and he was
 informed that as the physical copies of the file had been
misplaced and defects in filing could not be cured before this
Hon’ble Court within the stipulated time. The counsel for the
petitioner was not aware of this fact.
5. That the Counsel for the Appellant/Applicant had immediately
instructed his clerk to cure defects in filing today itself without
wasting further time. The Counsel is now taking steps to file
the same without further delay.
6. That the Appellant/Applicant submits that the delay occurred
in re-filing the abovementioned Application was not
intentional or wilful but due to the aforesaid facts. A great
hardship will be caused if the Application for Early Hearing of
the Appeal is not taken on record.
PRAYER

Under the abovementioned circumstances, the

Appellant/Applicant most respectfully prays that the delay of
57 days caused in re-filing of the Application u/s 151 of the
Code of Civil Procedure, 1908 for early hearing of the Appeal
may be condoned and same may be taken on record in the
interest of justice.

AWANISH SINHA & S.K.MOHANTY

Advocates
LGF-6/33-33A, Vikram Vihar,
Lajpat Nagar-IV, New Delhi-110024
Phones: 011-46516845/46516846
Mobile: 9811943220/9818236472
E-Mail: office@legalshebang.in

Place: New Delhi

Dated 05.04.2023
 IN THE HIGH COURT OF DELHI AT NEW DELHI
(CIVIL APPEALLATE JURISDICTION)
CM APPL. No. ______/2023
IN
CM APPL. ______/2023
IN
R.F.A. (OS) No. 40/2023
IN THE MATTER OF:-
M/S. TOSIBA APPLIANCES CO. PVT. LTD. .......APPELLANTS
VERSUS
M/S. KABUSHIKI KAISHA TOSHIBA & ORS. ..RESPONDENTS
AFFIDAVIT
I, Gauransh Singh Chauhan , S/o Shri Mahendra Singh Chauhan,
aged 23 years, Profession: Advocate, Chamber at LGF-6/33-33A,
Vikram Vihar, Lajpat Nagar-IV, New Delhi-110024, do hereby
solemnly affirm and declare as under-

1. That I am an Advocate working with the Counsel for the

Appellant/Applicant, as an Associate and as such fully
conversant with the facts and circumstances of the present
case and competent to swear to this affidavit.
2. The deponent submits that the content of the accompanying
application for condonation of delay in re-filing the Appeal
are true and correct to the best of my knowledge, no part of it
is false and noting material has been concealed therefrom.

DEPONENT
VERIFICATION
I, the deponent above named do hereby verify that the contents
stated herein above are true and correct to the best of my knowledge,
no part of it is false and nothing material has been concealed
therefrom.
Verified at New Delhi on this 05th day of April, 2023

DEPONENT