BEFORE THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL.

AT THE DELHI
APPELLATE JURISDICTION
OF 2022
1.A. NO,
COMPANY APPEAL (AT) (INSOLVENCY) NO. OF 2022

IN

cOMPANY PETITION (1B) NO. 2525 (PB) OF 2019

INTHE MATTER OF
MR. ARUN BAJAJ & ORS. ..APPELLANTS

VERSUS

M/S MORPHEUS DEVELOPERS PVT. LTD. ..RESPONDENT

INDEX

S.NO. PARTICULARS PAGE No.

1. Application for condonation of delay in refling the

present Appeal after curing the defects along with 1-5

supporting affidavit.

2. Proof of Service 6

Through
2a
Nityanand Singh/ Abhay Pratap
Advocates for Appellants
Naks & Partners,
28/ 142, West Patel Nagar,
New Delhi - 110008

M.No. 9999130332
Email [email protected]

Place Delhi

Date 26 7|22
 O

BEFORE THE NATIONAL cOMPANY LAWAPPELLATETRIBUNAL.

ATTHE DELHI
APPELLATE JURISDICTION
I.A.NO -OF 20 22
cOMPANY APPEAL (AT) (INsOLVENCY) NO. OF 2022

IN

cOMPANY PETITION (1B) NO. 2525 (PB) OF 2019

INTHE MAITER OE:

MR.ARUN BAJAJ& ORS. APPELLANTS

VERSUS

M/S MORPHEUS DEVELOPERS PVT. LTD. ..RESPONDENT

APPLICATION FOR CONDONATION OF DELAY IN_REEILING ITHE PRESENI

APPEALAFTER CURING THE DEFECTS.
MOST RESPECTFULLYSHOWETH
1. That this application is seeking the condonation of delay in refiling the present
appeal, which is physically received on 05.07.22, when counsel came to check
the status of listing of appeal physical file was given to im for curing the defects.

2. That the registry of the Hon'ble NCLAT raised several defects in the present
appeal that took time in curing the defect and few pages of petition after

removing defect was to be signed by appellants but when the counsel for the
Appellants contacted appellants for signature counsel was informed that the
Appellants were out of Delhi and would com back to Delhi on 16.07.2022 and
therefore, the signature of the Appellants on documents could be taken on

16.07.2022.

3. That during this period the Counsel of the Appellants had conjunctivitis, which
made him unable to read, verify and confirm the fact whether the defects had
been cured completely or not and on 23.07.2022, the Counsel was able to see

things a bit clear than before and his eyes got better and then he checked out
defects and got them cured and e-fled the appeal after curing defect but when
he visited registry for physical filing after curing defects the registry again raised
defects on 25.07.22 and asked to file condonation application for condonation of
delay in refiling after curing the defects and in filing the appeal therefore, dueto
above reason delay occurred more than 7 days in refiling and therefore, the
present application is being filed to condone the delay in refiling.
 PRAYER

In view of the above, it is most humbly prayed that this Hon'ble Appellate Tribunal may
kindly be pleased to:

a. Allow the present application and condone the delay of 15 days in refiling the

appeal after curing the defects.

b. Pass and other order(s) as the Hon'ble Appellate Tribunal may deem fit and

proper in the interest of justice.

APPELLANT

Through

Nityanand Singh / Abhay Pratap

Advocates for Appellants
Naks&Partners,
28/142, West Patel Nagar,
New Delhi - 110008
M.No. 9999130332
Email [email protected]

Place Delhi

ate: 26 l22
 DECLARATION BY APPELLANIS
The above named Appellant No. 1 & 2 hereby, solemnly declares to the best of their
knowledge and information that nothing material has been concealed or suppressed
and further declares that the enclosures and typed sets copies of papers relied
upon and filed herewith are true copies of the originals/ fair reproduction of the
originals/ true translation thereof.

Verified at 5 day of July, 2022 2022

Place Del
1S|28.22
AR
Date: 28/|22

theeponentwho
n mypresence APPELLANT
Verified By: GoV
Counsel for Appellant

VERIFICATION

1, Arun Bajaj, Slo Late Sh. Ashok Bajaj, R/o D-1, Ganesh Nagar, Pandav Nagar
Complex, Delhi-110092, Appellant No.1 and special power of attorney holder of
Appellant No. 2 presently at New Delhi, do hereby verify that the contents of the
paras 1 to 3 are true to my personal knowledgel derived from official record and are
believed to be true on legal advice and that have not suppressed any material facts.

Verified at2day of July, 2022

2 8 J U L 2022

Place QoQ
Date: 29 7 | 2 2

APPELLANT
who

Deponent
presence
Verified By:
my
in
Counsel for Appellantde signed

has

ATTESTED
(india)

D e l h i

Public,

7 8 J U L 2 0 2 2

Notary
 INDIA NON JUDICIAAL

Government of National Capital Territory of Delhi

e-Stamp
Certificate No.
IN-DL65746339926757U
Certificate Issued Date
26-Jul-2022 07:20 PM
Account Reference
IMPACC (IV)/ di720803/ DELHI/ DL-DLH
Unique Doc. Reference
Purchased by
SUBIN-DLDL7208031376972 1662336U
ARUN BAJAJ
Description of Document
Article 4 Affidavit
Property Description Not Applicable
Consideration Price (Rs.)
(Zero)
First Party
ARUN BAJAJ
Second Party Not Applicable
Stamp Duty Paid By ARUN BAJAJ
Stamp Duty Amount(Rs.) 10
(Ten only)
O AR
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KAMALJNSHARMA

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 BEFORETHE NATIONAL COMPANY LAWAPPELLATE IRIBUNAL
ATTHE DELHI
APPELLATE JURISDICTION
-Of 2022
I.A. NO.
cOMPANY APPEAL (AT) (INSOLVENCY) NO. OF 2022

IN

COMPANY PETITION (1B) NO. 2525 (PB) OF 2019

INTHE MATTER OF
MR. ARUN BAJAJ & ORS ...APPELLANTS
VERSUS

M/S MORPHEUS DEVELOPERS PVT. LTD. ...RESPONDENT

AFFIDAVIT IN SUPPORIOFAPPLICATION
. Arun Bajaj S/o Late Shri Ashok Bajaj, aged about 37 years, Rlo D-1, Ganesh Nagar
Pandav Nagar Complex, Delhi - 110092 do hereby solemnly afrm and state as follows

1 That am the Appellant no. 1 in the above captioned matter and am the SPA

of the Appellant 2 and am well acquainted with the facts and

holder no.

A
ircumstances of the case and thus competent to swear this affidavit.
2242.2
he the present Application has been dafted by my counsel under my

onstructions and I have read the contents ofthe accompanying application and
admit that the contents thereof are true and correct to my knowledge and belie

who
Deponent
presence DEPONENT
the

my
TIdentity

h & p din
2 6 JUL 2022

Verified at New Delhi on this day of July, 2022 that the contents of this affidavit are
true and correct to the best of my knowledge and belief and nothing material has been

concealed therefrom. ATTESTED Ju

( i n d i a )

D e l h i
DEPONENT
P u b h K c ,

N o t a r

2 6 JUL 2022
y