BEFORE THE HON’BLE COURT OF MS.

ANKITA LAL,
LD. SENIOR CIVIL JUDGE, SOUTH DISTRICT, SAKET
COURTS, NEW DELHI
I.A. NO. __________ OF 2022
IN
C.S.(S.C.J.) NO. 801 OF 2018

IN THE MATTER OF: -

Atul Chopra … Plaintiff
Versus
Nalini Mohan … Defendant
N.D.O.H: - 19.05.2022
INDEX
[Link]. PARTICULARS PAGES
Application under Section 151 of the Code
of Civil Procedure, 1908, for Recall of
1. Order dated 22.03.2022 passed by this
Hon’ble Court, along with Affidavit in
support.
ANNEXURE-P-A-1
A copy of the Order dated 22.03.2022
2.
passed by this Hon’ble Court in the
captioned matter.
3. Fresh Vakalatnama

PLAINTIFF
Through

NEW DELHI LEX OFFICERS

(ADVOCATES & SOLICITORS)
COUNSELS FOR PLAINTIFF
DATED: - 13.04.2022 Ch. No. 431, Lawyers Chambers,
Saket Courts, New Delhi – 110 017
&
K-8, Lower Ground Floor
Jungpura Extension,
New Delhi – 110 014
98713 20037, 96500 77773
97110 74884, 99994 96017
legaljc21@[Link]
BEFORE THE HON’BLE COURT OF MS. ANKITA LAL,
LD. SENIOR CIVIL JUDGE, SOUTH DISTRICT, SAKET
COURTS, NEW DELHI
I.A. NO. __________ OF 2022
IN
C.S.(S.C.J.) NO. 801 OF 2018

IN THE MATTER OF: -

Atul Chopra … Plaintiff
Versus
Nalini Mohan … Defendant
N.D.O.H: - 19.05.2022
APPLICATION UNDER SECTION 151 OF THE CODE
OF CIVIL PROCEDURE, 1908, FOR RECALL OF
ORDER DATED 22.03.2022 PASSED BY THIS HON’BLE
COURT
MOST RESPECTFULLY SHOWETH: -
1. That the Plaintiff is constrained to approach this Hon’ble
Court being aggrieved by the directions passed by this
Hon’ble Court vide Order dated 22.03.2022, by means of
which, inter-alia, this Hon’ble Court has closed the
Evidence of the Plaintiff in the captioned Suit due to the
non-appearance of the Plaintiff and its Counsel. A copy
of the Order dated 22.03.2022 is annexed herewith &
marked as ANNEXURE – P-A-1.

2. That the Plaintiff, at the outset, most respectfully submits

that the non-appearance of the Plaintiff and/or its Counsel
is completely inadvertent and unintentional, and the same
is regretted, truly. It is submitted that the Plaintiff could
not appear physically on the said date due to personal
reasons which hindered him to travel to the Court.
However, the Plaintiff tried to join through Video
Conference, which too was unsuccessful. This Hon’ble
 Court was also apprised of the predicament of the Plaintiff
at the time but the same was not taken note of or
appreciated. It is further submitted that as the predecessor
Counsel for the Plaintiff was occupied in a Criminal
Matter on the same date, which was fixed for arguments,
and as the Items were coincidentally called
simultaneously, the Proxy Counsel had to appear before
this Hon’ble Court. It is crucial to mention that the
Plaintiff has appointed new Counsels in the captioned Suit
and a Fresh Vakalatnama has also been filed.

3. That the Plaintiff most respectfully submits that the non-

appearance on the said date was neither intentional nor
deliberate and was for the reasons foregoing. The
Plaintiff prays before this Hon’ble Court that the closing
of the opportunity for tendering Evidence is to its sheer
detriment as the effect of it will cause grave injustice to
the Plaintiff, being a bar to proceed with the captioned
case in an effective and efficient manner. The Plaintiff
further submits that as the captioned Suit is for Recovery
of Rs.1,19,005/- (Rupees One Lakh Nineteen Thousand
And Five Rupees Only), the effect of closing of the
Evidence may come in the future as a deterrent in the
recovery of the said Money, thereby allowing the
Defendant, who is under the liability of the said Payment
to the Plaintiff, to go scot-free.

4. That the Plaintiff further impugns the Order dated

22.03.2022 on the following amongst other Grounds: -
 GROUNDS
(A) THAT the Plaintiff could not appear physically on
the said date due to personal reasons which
hindered him to travel to the Court. However, the
Plaintiff tried to join through Video Conference,
which too was unsuccessful. This Hon’ble Court
was also apprised of the predicament of the Plaintiff
at the time but the same was not taken note of or
appreciated. It is further submitted that as the
predecessor Counsel for the Plaintiff was occupied
in a Criminal Matter on the same date, which was
fixed for arguments, and as the Items were
coincidentally called simultaneously, the Proxy
Counsel had to appear before this Hon’ble Court.

(B) THAT it is accepted that the Plaintiff had filed its

Evidence Affidavit on 01.02.2020 but as the
Hon’ble High Court of Delhi had set forth
directions to the Courts to only hear urgent matters,
and as all the Courts were functioning only virtually
for a substantial part of the past 2 (Two) Years, the
present matter was being adjourned en-bloc. Even
otherwise, the Evidences in cases were not being
able to be conducted due to Virtual Hearings.

(C) THAT the Plaintiff/ Applicant had been going

through some financial crunch because of which the
Applicant/Plaintiff hasn’t been keeping well and
couldn’t be physically present before the Hon’ble
Court on the Last Date of Hearing i.e., 22.03.2022.
 (D) THAT the Plaintiff most respectfully submits that
the non-appearance on the said date was neither
intentional nor deliberate and was for the reasons
foregoing.

(E) THAT the the closing of the opportunity for

tendering Evidence for the Plaintiff is to its sheer
detriment as the effect of it will cause grave
injustice to the Plaintiff, being a bar to proceed with
the captioned case in an effective and efficient
manner.

(F) THAT the Plaintiff further submits that as the

captioned Suit is for Recovery of Rs.1,19,005/-
(Rupees One Lakh Nineteen Thousand And Five
Rupees Only), the effect of closing of the Evidence
may come in the future as a deterrent in the
recovery of the said Money, thereby allowing the
Defendant, who is under the liability of the said
Payment to the Plaintiff, to go scot-free

(G) THAT the non-appearance of the Plaintiff and/or

its Counsel is completely inadvertent and
unintentional, and the same is regretted, truly.

(H) THAT the Plaintiff has also changed Counsels in

the interim.

5. The Plaintiff craves leave to add, amend, alter and/or

delete any of the aforesaid grounds, if required.

6. That the Plaintiff most respectfully submits that in light

of the aforesaid facts and circumstances, and upon the
 grounds stated hereinabove, it would be in the interests
of justice that the said Order is recalled and the
Plaintiff’s Evidence be permitted to be tendered.

7. That the present Application for Recall of Order has been

filed with bona fide and in the interests of justice.

PRAYER
In light of the foregoing, it is most respectfully prayed that
this Hon'ble Court may be pleased to: -

a) allow the present Application by recalling the Order dated

22.03.2022 to allow the Plaintiff to proceed and tender
its Evidence, in the interests of justice, and;

b) pass any other or further Orders that may be deemed just

& appropriate in the interests of justice.

PLAINTIFF

Through

NEW DELHI LEX OFFICERS

(ADVOCATES & SOLICITORS)
COUNSELS FOR PLAINTIFF
DATED: - 13.04.2022 Ch. No. 431, Lawyers Chambers,
Saket Courts, New Delhi – 110 017
&
K-8, Lower Ground Floor
Jungpura Extension,
 New Delhi – 110 014
98713 20037, 96500 77773
97110 74884, 99994 96017
legaljc21@[Link]
BEFORE THE HON’BLE COURT OF MS. ANKITA LAL,
LD. SENIOR CIVIL JUDGE, SOUTH DISTRICT, SAKET
COURTS, NEW DELHI
I.A. NO. __________ OF 2022
IN
C.S.(S.C.J.) NO. 801 OF 2018

IN THE MATTER OF: -

Atul Chopra … Plaintiff
Versus
Nalini Mohan … Defendant
AFFIDAVIT
I, Atul Chopra, aged about ______ years, S/o Sh. Virender
Mohan Chopra, R/o [Link]. 18 Avenue Amaltas, Westend Green
Farms, Rajokri, New Delhi – 110 038, do hereby solemnly
affirm and state as under: -
1. That I am Applicant/Plaintiff in the above noted matter
and as such being aware of the facts and circumstances of
the present case, hence I am competent to swear this
Affidavit.

2. That I state that my non-appearance and/or of my

previous Counsel is completely inadvertent and
unintentional, and the same is regretted, truly. It is
submitted that I could not appear physically on the said
date due to personal reasons which hindered me to travel
to the Court. However, I tried to join through Video
Conference, which too was unsuccessful. This Hon’ble
Court was also apprised of the predicament of mine at the
time but the same was not taken note of or appreciated. It
is further submitted, as I have been informed, that the
Counsel was occupied in a Criminal Matter on the same
date, which was fixed for arguments, and as the Items
 were coincidentally called simultaneously, the Proxy
Counsel had to appear before this Hon’ble Court.

3. That I most respectfully submit that the non-appearance

on the said date was neither intentional nor deliberate and
was for the reasons foregoing. I pray before this Hon’ble
Court that the closing of the opportunity for tendering
Evidence is to my sheer detriment as the effect of it will
cause grave injustice to me, being a bar to proceed with
the captioned case in an effective and efficient manner. I
further submit that as the captioned Suit is for Recovery
of Rs.1,19,005/- (Rupees One Lakh Nineteen Thousand
And Five Rupees Only), the effect of closing of the
Evidence may come in the future as a deterrent in the
recovery of the said Money, thereby allowing the
Defendant, who is under the liability of the said Payment
to me, to go scot-free

4. That I have gone through the accompanying Application

and the contents of the same are true and correct to my
knowledge and based on records. The same are not being
repeated here for the sake of brevity but may be read as
part and parcel of this Affidavit.

DEPONENT
VERIFICATION:
Verified at Delhi, on this _____ day of April, 2022 that the
contents of the Affidavit are true and correct, no part of it is false
and nothing material has been concealed there from.

DEPONENT