Delay Ia

IN THE HON'BLE HIGH COURT OF DELHI
AT NEW DELHI
C.M. NO. _______/ 2021
IN
L.P.A. NO. _______ / 2021
IN THE MATTER OF:

YOGESH JAIN …APPELLANT
VERSUS
GOVT. OF NCT OF DELHI & ORS. …RESPONDENTS
APPLICATION UNDER ORDER 41 RULE 3A READ WITH SECTION 151 OF

CPC THEREBY SEEKING CONDONATION OF DELAY IN FILING OF
APPEAL.
MOST RESPECTFULLY SUBMITTED:
1. That the accompanying appeal has been filed thereby seeking to impugn
the judgment and order dated 04.09.2019. It is submitted that the contents
of the accompanying appeal may kindly be read at part and parcel of the
present application as well and the same are not being repeated herein
for the sake of brevity.
2. That the aforesaid matter was heard on 04.09.2019, while the Ld. Single
Judge, orally, indicated that the writ petition is being allowed with
directions for remand back for the reasons to be recorded in chamber.
However, the judgment and the final order sheet was not uploaded on
the official website of the Hon’ble Court till the end of September, 2019.
Thereafter, the counsel for the appellant had applied for the certified
copy of the order sheet on 17.09.2019. the copy of the order sheets were
supplied to the counsel for the appellant on 23.10.2019.
3. That, after going through the certified copy, it transpired that separate
judgment sheet has been prepared in WP (C) No. 2909/2016. Thus, on
04.11.2019, certified copy of the judgment in WP (C) No. 2909/2016 was
applied and the same was delivered only on 20.11.2019.
4. That, the appellant has been living with his son in Europe, due to which
the appellant was not physically present in the country till 26.02.2020. it
was only on after 26.02.2020, that the appellant could have a thorough
discussion with the counsel.
5. That, upon arrival in India the Appellant came to know about the
judgment pronounced in Cr. Case No. 44962/2016 passed by the court of
Ms. Ankita Lal MM-02/PHC/ND thereby convicting the Respondent
Nos. 3 & 4.
6. That, after physical discussion with the counsel, draft appeal was
prepared, however, it was felt that the aforesaid judgment passed by the
court of Ms. Ankita Lal MM-02/PHC/ND has a bearing on the instant
appeal and, as such, should be annexed with the Appeal. But, it was
noticed that the aforesaid judgment was not available on the judgment
portal. Therefore, a contact was made with the concerned official of the
concerned court and the Appellant was informed that the same might
have been because of oversight. It was assured that the judgment shall be
soon uploaded. Thus, for some time, the Appellant and counsel waited
for the judgment to be uploaded. However, same was not uploaded even
till 15.03.2020.
7. That , while the appropriate steps were being taken by the appellant and
the counsel for the appellant to obtain the required documents in order to
file the present appeal, the globe was hit with the pandemic and the
appellant had to fly back out of the country.
8. That in the wake of the COVID-19 pandemic, the appellant got stuck in
Europe and till date has not been able to fly back to India due to strict
laws against the travel permits for senior citizens.
9. That on 23.03.2020, the Hon’ble Supreme Court passed an order, inter

alia, taking into account the difficulties that may be faced by the
litigants across the country on account of the Covid-19 pandemic and
extending the limitation (“Supreme Court Order”). Including limitation
for petitions, applications, suits, appeals and all other proceedings
under the general or special law both under central and/ or state
legislations, thereby invoking the inherent power under Article 141 and
142 of the Constitution of India and is binding on all courts in India.
10. That further, on 17.12.2020, in case titled as M/s. SS Group Pvt. Ltd. Vs.
Aaditiya J. Garg & Anr, in Case No.-Civil Appeal No.4085 Of
2020,under the coram of Hon’ble Justice Vineet Saran and Hon’ble
Justice S. Ravindra Bhat, the Hon’ble apex Court has been pleased to
hold that:-
“This Court has taken Suo Motu cognizance of the situation arising out of the
challenge faced by the country on account of Covid-19 Virus and resultant
difficulties that may be faced by litigants across the country in filing their
petitions/applications/suits/ appeals/all other proceedings within the period of
limitation prescribed under the general law of limitation or under Special Laws
(both Central and/or State).
To obviate such difficulties and to ensure that lawyers/litigants do not have to
come physically to file such proceedings in respective Courts/Tribunals across
the country including this Court, it is hereby ordered that a period of limitation
in all such proceedings, irrespective of the limitation prescribed under the
general law or Special Laws whether condonable or not shall stand extended
w.e.f. 15th March 2020 till further order/s to be passed by this Court in present
proceedings.
We are exercising this power under Article 142 read with Article 141 of the
Constitution of India and declare that this order is a binding order within the
meaning of Article 141 on all Courts/Tribunals and authorities.”
11. That the delay of 126 days in filing of the Appeal, is for the aforesaid
reason which is bonafide. There is no deliberate or wilful delay. It is
submitted that the delay in filing of the appeal, if not condoned, shall
cause irreparable loss and injury to the appellant in as much as its
grievances shall go un-redressed. Whereas, in case the delay is condoned,
no legal prejudice shall be caused to the Respondents.
PRAYER:
In view of the facts stated and submissions made herein above it is

most respectfully prayed to this Hon'ble Court that this Hon'ble Court
may kindly be pleased to:
A. Condone the delay of 126 days in filling of the accompanying appeal;
B. Pass any other or further directions or orders as this Hon’ble Court may,
in the facts and circumstances and in the interest of justice deem fit and
proper.
DELHI APPELLANT
THROUGH
DATED:
DE-INTEGRO LEGAL LLP
ADVOCATES& SOLICITORS
(TANU SINGHAL)
ADVOCATE
82, POCKET B -6, SECTOR-5,
ROHINI, DELHI -110085.
9999739937
advocatetanusinghal@gmail.com
IN THE HON'BLE HIGH COURT OF DELHI
AT NEW DELHI
L.P.A. NO. _______ / 2021
IN THE MATTER OF:

YOGESH JAIN …APPELLANT
VERSUS
GOVT. OF NCT OF DELHI & ORS. …RESPONDENTS
AFFIDAVIT
Affidavit of Shri Yogesh Jain, S/o. Late Shri Gian Chand Jain, R/o,
H.No.1, Maulasri Avenue, Westend Greens, Rangpuri, New Delhi-110038,
aged about 61 years.
I, the above named deponent do hereby solemnly affirm and declare as

under:-
1. That I am the Appellant in the above noted appeal and as such, I

am well conversant with the facts of the instant case and competent
to swear this affidavit.
2. That the contents of the accompanying application has been drafted

by my Counsel at my instructions and the same has been explained
to me in vernacular language. The facts stated therein may kindly
be read as part and parcel of this affidavit as the contents of the
same have not been repeated herein for the sake of brevity.
VERIFICATION: DEPONENT
Verified at Delhi on this day of ………., 2021 that the contents of my
above affidavit are true and correct to my knowledge and belief. Nothing has
been concealed therefrom.
DEPONENT

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IN THE HON'BLE HIGH COURT OF DELHI

IN THE MATTER OF:

GOVT. OF NCT OF DELHI & ORS. …RESPONDENTS

APPLICATION UNDER ORDER 41 RULE 3A READ WITH SECTION 151 OF

MOST RESPECTFULLY SUBMITTED:

9. That on 23.03.2020, the Hon’ble Supreme Court passed an order, inter

In view of the facts stated and submissions made herein above it is

IN THE MATTER OF:

GOVT. OF NCT OF DELHI & ORS. …RESPONDENTS

I, the above named deponent do hereby solemnly affirm and declare as

1. That I am the Appellant in the above noted appeal and as such, I

2. That the contents of the accompanying application has been drafted

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