IN THE COURT OF SH. DINESH BHATT, LD.

DISTRICT
JUDGE (COMMERCIAL), WEST DISTRICT, TIS HAZARI
COURTS, DELHI
COUNTER CLAIM NO. _________ OF 2022
IN
CS (COMM.) NO. 251 OF 2022
IN THE MATTER OF: -
SUPER CASSETTES INDUSTRIES LTD. ……PLAINTIFF
VERSUS
M/S. LEARNING LINKS PUBLISHING HOUSE PVT. LTD. &
ORS. ……COUNTER CLAIMANT/DEFENDANTS

N.D.O.H – 15.03.2023
INDEX
S. NO PARTICULARS PAGE
NO.
1. APPLICATION FOR CONDONATION
OF DELAY UNDER SECTION 5 OF
THE LIMITATION ACT

COUNTER CLAIMANT/DEFENDANT NO. 1

THROUGH

(PRAVEEN K SHARMA/SURBHI SHARMA

SAMEER RAI & SAHIL NAGPAL)
ADVOCATES FOR THE COUNTER CLAIMANT
A – 384, FIRST FLOOR,
DEFENCE COLONY
NEW DELHI-110024
EMAIL: law_sharma@yahoo.com
MOB:9999099325
NEW DELHI
DATE:15.03.2023
 IN THE COURT OF SH. DINESH BHATT, LD. DISTRICT
JUDGE (COMMERCIAL), WEST DISTRICT, TIS HAZARI
COURTS, DELHI
COUNTER CLAIM NO. _________ OF 2022
IN
CS (COMM.) NO. 251 OF 2022
IN THE MATTER OF: -
SUPER CASSETTES INDUSTRIES LTD. ……PLAINTIFF
VERSUS
M/S. LEARNING LINKS PUBLISHING HOUSE PVT. LTD. &
ORS. ……COUNTER CLAIMANT/DEFENDANTS
APPLICATION FOR CONDONATION OF DELAY UNDER
SECTION 5 OF THE LIMITATION ACT

MOST RESPECTFULLY SHOWETH: -

1. That the present matter is pending adjudication before this
Hon’ble Court and is fixed for 15.03.2023
2. That the Counter Claimant craves the leave of this Hon’ble
Court that the contents of the Counter Claim and Written
Statement may kindly be read as part and parcel of the
present application and the same are not repeated herein for
the sake of brevity.
3. That this Hon’ble Court vide its Order dated 11.07.2022
issued summons to the Defendant and the said summons
have been received on 14.09.2022. That a Counter Claim is
filed with the Written Statement and for the preparation of
the Counter Claim and Written Statement certain records
were needed and as the transaction pertained to the year
2017, it took some time to trace the documents and required
information. Thereafter, the Written Statement and counter
claim was prepared and was filed on 11.01.2023 in
consolidated form on the 118th day. That the Reader did not
accept the Counter Claim and Written Statement in the
 consolidated form and requested to file the Counter Claim
on the online portal and the same was filed on 26.01.2023
after making necessary changes to the said Counter Claim
for e-filing. The said counter claim was served to the
Counsel for the Plaintiff on 11.01.2023 in the consolidated
form and again was served on 25.01.2023. That due to above
said reasons and circumstances, the present Counter Claim
has been filed with the delay of 15 days after filing of
Written Statement on 11.01.2023.
4. That the delay of 15 days is thus on account of reasons
beyond the control of the Counter Claimant.
5. That the present application has been made bonafide and in
the interest of justice.
PRAYER
It is, therefore, prayed that this Hon’ble Court may
kindly be pleased to:
a) Condone the delay of 15 days in filing the present
Counter Claimant for reasons stated hereinabove;
b) Pass any other and further order(s) as deemed fit in
the facts of the present case.
COUNTER CLAIMANT
THROUGH

(PRAVEEN K SHARMA/SURBHI SHARMA

SAMEER RAI & SAHIL NAGPAL)
ADVOCATES FOR THE COUNTER CLAIMANT
A – 384, FIRST FLOOR,
DEFENCE COLONY
NEW DELHI-110024
EMAIL: law_sharma@yahoo.com
MOB:9999099325
NEW DELHI
DATE:15.03.2023
 IN THE COURT OF SH. DINESH BHATT, LD. DISTRICT
JUDGE (COMMERCIAL), WEST DISTRICT, TIS HAZARI
COURTS, DELHI
COUNTER CLAIM NO. _________ OF 2022
IN
CS (COMM.) NO. 251 OF 2022
IN THE MATTER OF: -
SUPER CASSETTES INDUSTRIES LTD. ……PLAINTIFF
VERSUS
M/S. LEARNING LINKS PUBLISHING HOUSE PVT. LTD. &
ORS. ……COUNTER CLAIMANT/DEFENDANTS
AFFIDAVIT
I, Gaurav Malhotra, S/o Shri R. N. Malhotra, aged about 54 years,
R/o GA-10, Shivaji Enclave, New Delhi – 110027, do hereby
solemnly affirm and declare as under:
1. That I am the Defendant No. 2 and the Authorized
Representative/Director of the Defendant No. 1 duly
authorized vide Board of Resolution dated 01.06.2022 in the
instant suit and as such I am aware of the facts and
circumstances of the present case and competent to swear
this affidavit.
2. That the accompanying application has been drafted by my
counsel under my instructions and the contents of the same
are true and correct to my knowledge and nothing material
has been concealed therefrom.

DEPONENT
VERIFICATION: -
Verified at New Delhi on this 15 TH day of March, 2023, that the
contents of the above affidavit are correct to my knowledge and
belief and no part of it is false and nothing material has been
concealed therefrom.
DEPONENT