Application for condonation of delay after verification in sec.138 of ni act
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
hi,
i have one problem can i file an application for condonetion of delay after verification of complenant in sec.138 of NI act.
If yes then how i can convey judge that or on which ground will be suitable to convey judge.
If not then how i can save my complent from dismissal and to stay in motion.
Give me solution on this
V R SHROFF
(Expert) 17 January 2012
Complaint should not have ordered for VF, as Limitation period to compl was expired.
You bring it to the notice of the Court, and Pray to allow you to file Application for Delay condonation, Along with Application, affidavit supporting it with relevant Documents, pay fees, before issue of Process.
Till then you pray court not to issue Process, without hearing Delay Cond Application.
s.subramanian
(Expert) 17 January 2012
The court cannot take cognisance of your complaint without condoning the delay. File an application with proper reasons for delay and seek condonation. It will have to be allowed before the court takes cognisance. If cognisance taken without condonation of delay, the proceedings would be vitiated and illegal.
Nadeem Qureshi
(Expert) 17 January 2012
Dear Querist
I agree with expert
Advocate. Arunagiri
(Expert) 17 January 2012
Only after condoning delay the main case will be taken on record.
V R SHROFF
(Expert) 17 January 2012
Sometime court issue process, due to oversight or carelessness, and matter, after nbw, go to revision to set aside order of issue process,
So better bring it to notice of the court immediately, and issue notice to opp party to head Appli 4 delay cond.
Deepak Nair
(Expert) 17 January 2012
You are rightly and sufficiently advised by Mr.Shroff.
Please follow his advise.
ajay sethi
(Expert) 17 January 2012
what is period of delay ? in application for codonation of delay you have to mention reasons why you could not file 138 complaint within time .
Rajeev Kumar
(Expert) 17 January 2012
Mr. Shroff has rightly replied
Shonee Kapoor
(Expert) 17 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 17 January 2012
138 NI Act is purely a technical case. If your case is not fitted on any account, no lapse is condoned.
File a civil suit for recovery.
