IN THE COURT OF MS. NIRJA BHATIA.
DISTRICT JUDGE,
COMMERCIAL COURTS, SAKET COURTS, NEW DELHI.
C.S. (COMM) 308 OF 2021
IN THE MATTER OF
VIPIN ARORA ….PLAINTIFF
VERSUS
MAX BUPA HEALTH INSURANCE & ANR. ….DEFENDANTS
APPLICATION UNDER ORDER 8 RULE 1 READ WITH
SECTION 151 CPC,1908 ON BEHALF OF THE DEFENDANT
FOR CONDONING THE DELAY FOR FILING THE WRITTEN
STATEMENT.
MOST RESPECTFULLY SHOWETH: -
1. That the captioned matter is listed before the Hon’ble Court and fixed
for adjudication on 2/3/2023.
2. That it is sated before the Hon’ble court that the name & office of the
answering defendant has been changed. The name of MAX BUPA
HEALTH INSURANCE COMPANY LTD has been changed to
NIVA BUPA HEALTH INSURANCE COMPANY LTD. The
certificate of Incorporation has been already been placed on record.
3. That it is pertinent to state here that the office of the answering
defendant Company has been changed from what is mentioned in the
memo of parties to Plot No. D-5, 2nd Floor , Logix Infotech park,
Sec 59, Noida, Gautam Budh Nagar, Uttar Pradesh -201301.
4. That because of the change in the address of the answering defendant
Company it receives late or at times does not receive any documents
at all. As happened in the present case, as per the Company’s record
the copy of the suit petition was received on 14. 11..2022. However,
as per the court’s order the answering defendant has been served on
1.11.2022
Hence, the answering defendant is filing the present application for
condonation of delay in filing written statement.
5. That as soon the paper book was received by the answering defendant,
it entrusted the case to its panel lawyer & started procuring of the
documents.
6. That the procurement of documents, drafting of written statement ,
vetting of the written statement took time and immediately after
preparation the same was filed.
7. That in between the advocate’s husband’s uncle ( mama) has expired
so she along with her husband has to go to Panipat for three days at
interval. The screen shot of the whats app message is annexed
herewith as ANNEXURE-1.
8. That the delay in filing the written statement is because of non-
deliberate and unintentional causes which were beyond the power and
control of the applicant and its counsel.
9. That it is submitted here that the answering defendant should not
suffer because of delay in the filing written Statement.
10. That no prejudice shall be caused to the plaintiff in the case if the
present application is allowed .
11. That if the present application is not allowed, then the Applicant/
defendant shall face unreasonable harm to its reputation and would
suffer irreparable loss. Hence it is prayed accordingly.
12. That delay in filing the written statement was due to practical
problems and was not intentional. That it would be in the interest of
justice not to deny opportunity to the Defendant to contest its defence
due to delay which was inadvertent.
13. That sufficient cause exists for condoning the delay. That the inability
to file the Written statement is unintentional, bonafide and
unavoidable despite all efforts. Therefore, sufficient cause exists and it
is prayed to the Ld. Court to condone the delay .
14. That the present application is being preferred with bona fide intention
and in the interest of justice.
PRAYER
It is most respectfully prayed to this Hon’ble Commission to kindly
i. Condone the delay of ____ days in filing the present appeal and
hear the appeal on merits;
ii. Pass any other such orders that this Hon’ble Commission deems
fit and reasonable
APPLICANTS
DATED:-
Through
COUNSEL
