money suite
V. Ramakrishna
(Querist) 23 November 2010
This query is : Resolved
In the money suite D1 is a PVT LTD company ,I am one of the Directors ,D2.
Exparte order and decree passed on 12-8-2008 against D1,D2,,
There after Plaintiff field an EP. I obtained field CRP got intrim stay of all further proceedings in EP on 22-2-2010 with a condition to deposite Rs 10000/.The deposite was made in court on 23-3-2010.
I field Petition to set aside the exparte decree with Petition to condone delay of 453 days in filing set aside petition .
Counter Affidavit to my petition was field by decree holder on 27-7-2010.
Mean while my PVT LTD company was dissolved u/s 560(3) of companys Act on 22-8-2007.
I am not happy with the Affidavit field by my advocate .
My questions are ,,,
1) can I get delay condoned as a matter of right ??
2)Can I revise my Affidavit giving more facts to justify the delay ??
Regards
Ramakrishna.V
s.subramanian
(Expert) 23 November 2010
Unless you give a valid and sufficient cause for condonation,the delay will not be condoned. If you are not satisfied with the reasons shown,file a supplementary affidavit with the leave of the court.
