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    Application For Waiver 3rd Time

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    Syed Kamran Ali
    This document is a court filing that includes an application and affidavit. [1] The plaintiff is seeking an order to strike off the defense of the defendants due to their default in making rental payments and failure to comply with a prior court order. [2] The defendants have a history of non-payment and were ordered by the court on September 21, 2020 to pay outstanding rent and fees but have not done so. [3] The plaintiff argues that the defendant's conduct has been contumacious and that their defense should be struck off due to willful disobedience of the court's order.

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    Application For Waiver 3rd Time

    Uploaded by

    Syed Kamran Ali
    107 views5 pages
    This document is a court filing that includes an application and affidavit. [1] The plaintiff is seeking an order to strike off the defense of the defendants due to their default in making rental payments and failure to comply with a prior court order. [2] The defendants have a history of non-payment and were ordered by the court on September 21, 2020 to pay outstanding rent and fees but have not done so. [3] The plaintiff argues that the defendant's conduct has been contumacious and that their defense should be struck off due to willful disobedience of the court's order.

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    Application for waiver 3rd time-converted

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    This document is a court filing that includes an application and affidavit. [1] The plaintiff is seeking an order to strike off the defense of the defendants due to their default in making rental payments and failure to comply with a prior court order. [2] The defendants have a history of non-payment and were ordered by the court on September 21, 2020 to pay outstanding rent and fees but have not done so. [3] The plaintiff argues that the defendant's conduct has been contumacious and that their defense should be struck off due to willful disobedience of the court's order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    107 views5 pages

    Application For Waiver 3rd Time

    Uploaded by

    Syed Kamran Ali
    This document is a court filing that includes an application and affidavit. [1] The plaintiff is seeking an order to strike off the defense of the defendants due to their default in making rental payments and failure to comply with a prior court order. [2] The defendants have a history of non-payment and were ordered by the court on September 21, 2020 to pay outstanding rent and fees but have not done so. [3] The plaintiff argues that the defendant's conduct has been contumacious and that their defense should be struck off due to willful disobedience of the court's order.

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    © All Rights Reserved
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    of 5

    IN THE COURT SHRI SUMIT DASS, LD.

    ADDL. DISTRICT JUDGE-03, SOUTH DISTRICT, SAKET


    COURTS, NEW DELHI

    CIVIL SUIT No. 205 OF 2020

    IN THE MATTER OF:

    D.J. KHERA-HUF ...PLAINTIFF

    VERSUS

    JIN KAUSHAL EXPORTS AND ANR ...DEFENDANTS

    APPLICATION ON BEHALF OF PLAINTIFF UNDER ORDER


    XV-A RULE 1 AND 2 READ WITH SECTION 151 OF CODE OF
    CIVIL PROCEDURE, 1908 SEEKING DIRECTIONS TO
    STRIKE OFF THE DEFENCE OF THE DEFENDANTS DUE TO
    DEFAULT IN MAKING PAYMENTS AND NOT COMPLYING
    THE ORDER DATED 21.09.2020 PASSED BY THIS HON’BLE
    COURT.

    NDOH: 18.11.2020

    MOST RESPECTFULLY SHOWETH:

    1. That the above noted matter is pending adjudication before

    this Hon’ble Court and is now fixed for18.11.2020.

    2. That this Hon’ble court vide its order dated

    21.09.2020 allowed the application of the Plaintiff and directed

    the Defendants to pay the total consideration upto Sept.,20 to

    the Plaintiff consisting of the monthly Rent of Rs 70,000/- and

    monthly service/hire charges of Rs 65,000/- to the Court,

    within one month of the order and subsequent payments of the

    Rent and service charges to be made latest by 7th day of each

    month. The rent of the flat i.e. Rs 70,000 was to be paid to the
    Plaintiff while service charges i.e. Rs 65,000 had to be deposited

    in the Court.

    3. That the Plaintiff did not receive the amount of the Rent i.e.

    Rs 70,000/- from the Defendants and charges of service hire

    i.e. Rs 65,000/-are also not deposited in the Court.

    The Defendants wilfully defaulted the payments which were to

    be made and did not comply with the order dated 21.09.2020 of

    this Hon’ble Court.

    4. That the conduct of the defendants has been contumacious.

    The defendants have been habitual and wilful defaulters as is

    evident from the facts mentioned hereunder:

    a) That the Defendant No.1 has himself written an

    apology letter dated 30.09.2019 to the Plaintiff while admitting

    default in payment of rent of Rs70,000/-for Sep’19.

    b) That the defendants have not paid anything on account of

    water consumption since inception of the tenancy. The arrears

    on account of water consumption charges have accumulated to

    a huge sum of Rs.3.27 lakh and an amount of Rs 33.230/- is

    outstanding on account on account of electricity consumption.

    c) That inspite of the specific directions passed by

    this Hon’ble Court vide its order dated 21.09.20120 for

    payment of outstanding arrears, the defendants consider it a


    trivial matter to disrespect the specific directions of

    this Hon’ble and have neither paid the amounts due nor have

    any intention to do so.

    5. That in the event of the default in making the deposits in

    terms of the order made under Order XV-A Rules

    1 and 2 of the Code of Civil Procedure, 1908 the the defence of

    the Defendants is liable to be struck off by this Hon’ble Court.

    6. That it is palpable from the conduct of the Defendants that

    the Defendants are habitual and wilful defaulters with mala-

    fide intentions The defence of the Defendants is liable to be

    struck off by this Hon’bleCourt.

    7. That the plaintiff reserves the right to file contempt

    application against the defendants for wilful disobedience of the

    court order.

    8 That the Plaintiff through means of the present application

    prays that the defence of the Defendants may be struck off in

    view of default in making the payment and not

    complying with the order dated 21.09.2020 passed by

    this Hon’ble Court.That the present application is being made

    bona fide and in the interest of justice.


    PRAYER

    In view of the submissions made above, it is most respectfully

    prayed that this Hon'ble Court may kindly be pleased to:

    a) Strike off the defence of the Defendants in view of not

    paying the rent of the Flat and not complying with the order

    dated 21.09.2020 passed by this Hon’ble Court and

    b) Pass such other or further orders as this Hon’bleCourt

    may deem fit and proper in the facts and circumstances of

    the case.

    Plaintiff

    Dated: 09.11.2020 through

    Place: Delhi

    Counsel
    IN THE COURT SH. SUMIT DASS, LD. ADJ SOUTH SAKET

    COURT, SAKET, NEW DELHI

    CIVIL SUIT No. 205 OF 2020


    IN THE MATTER OF:
    D.J. KHERA-HUF ...PLAINTIFF

    VERSUS

    JIN KAUSHAL EXPORTS AND ANR ...DEFENDANTS

    AFFIDAVIT

    I, Dharam Jit Khera, S/o Late Sh. K C Khera, Aged about 73

    years R/o B-18, Soami Nagar, New Delhi 110017 do hereby

    on solemn affirmation state as under:-

    1. That I am the plaintiff in the above noted matter and as

    such am well conversant with the facts of the case and hence

    I am competent to swear this affidavit.

    2. That I have read and understood the contents of the

    accompanying application, which has been drafted under my

    instructions and I state that the same are true and correct to

    my knowledge and nothing material has been

    concealed therefrom.

    DEPONENT

    VERIFICATION
    Verified at New Delhi on this _____ day of November, 2020
    that the contents of my above affidavit are true and correct to
    my knowledge and nothing material fact has been
    concealed therefrom.
    DEPONENT

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