Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: The Federal Bank Ltd. Vs. Anil Kumar
CNR No. DLCT010035422025
CS (Comm) No. 274/2025
13.10.2025
Present : Ms. Kiran Mahajan, Advocate for plaintiff.
None for proposed LRs of deceased defendant.
Heard. File perused.
Arguments on the application dated 26.9.2025 seeking
modification of order dated 15.9.2025 passed by this Court, heard.
Record perused.
During the course of submissions, Ld. Counsel of
plaintiff, on instructions, states at Bar that she is not pressing prayer
made in the application to the extent whereby request is made to
permit the applicant / plaintiff to effect service of notice of
substitution application upon proposed legal heir Nos. (a) and (b) by
way of affixation. Instead, it is requested that notice of substitution
application to said two legal heirs may also be ordered through
ordinary mode, with dasti, so that officials of plaintiff bank may take
the process dasti for getting it served upon them. Similar prayer is
made in the application qua proposed legal heir Nos. (c) and (d) of
deceased defendant.
In view of the submissions made, the reasons assigned in
the application and keeping in view the overall facts and
circumstances of the case, the request is allowed and accordingly, it is
hereby directed that the notice of substitution application under Order
22 Rule 4 CPC be issued to all the four legal heirs of deceased
defendant through ordinary mode alone on filing PF by plaintiff
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within one week from the date of this order.
Process be given dasti to the plaintiff / counsel, as
requested.
Affidavit of service alongwith service report be placed on
record by next date. The application stands disposed off in these
terms.
Put up on 7.11.2025 for service of proposed legal heirs of
deceased defendant and for passing appropriate directions.
The date is given as per convenience of counsel of
plaintiff.
(Vidya Prakash)
DJ (Commercial Court)-01, Central,
THC/Delhi / 13.10.2025
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