Interim Order 13

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3
CS (COMM)/274/2025
THE FEDRAL BANK LTD Vs. ANIL KUMAR
07-11-2025
Present : Ms. Kiran Mahajan, Ld. Counsel for plaintiff .
It is stated that summons to the defendant were
returned with the report that the defendant has passed away and
accordingly, an application u/o XXII rule 4 CPC for impleading
the LRs of deceased defendant was filed by the plaintiff on
22.05.2025 which was dismissed as withdrawn on 24.7.2025. On
the same date, second application u/o XXII rule 4 CPC alongwith
amended memo of parties was filed and notice was issued in the
same to the proposed LRs.
Ld. Counsel for plaintiff submitted that affidavit of
service in respect of dasti summons is being filed today. Ld.
Counsel for plaintiff submitted that premises was found locked at
the office of Kotputli, Rajasthan and affixation has been carried
out at the said address, however, the proposed LRs were traced to
be at Chandni Chowk address and the summons are returned with
the report of refusal.
For consideration of the application, put up on
27.11.2025.
(Neelofer Abida Perveen)
District Judge (Commercial Court)-01
Central District/THC/Delhi
07-11-2025
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At 4 o’ clock,
Present: None.
At the time of signing of ordersheet and a careful
reading of the report of refusal, it transpired that process server has
called for presence of Seema, for service of the summons and the
mother of deceased defendant no.1 had disclosed that Seema has not
been residing with them for last several years and is living in Karol
Bagh and therefore, refused to receive the summons in the name of
Seema. Since one of the proposed LRs has been traced at the Chandni
Chowk address, efforts were not made to serve the summons at the
Chandni Chowk address on the said LR. From the report of the process
server, it does not transpire, that the said LR ie. mother of deceased
defendant no.1 was even put to notice about the present
proceedings/application against her.
In view thereof, further process is required before taking
up the application for consideration and for the purposes of
clarification, put up on 12.11.2025. Date fixed in the morning is
cancelled.
(Neelofer Abida Perveen)
District Judge (Commercial Court)-01
Central District/THC/Delhi
07-11-2025
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