Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: The Federal Bank Ltd. Vs. Anil Kumar
CNR No. DLCT010035422025
CS (Comm) No. 274/2025
24.07.2025
Present : Ms. Kiran Mahajan, Ld. Counsel for the plaintiff.
Defendant is stated to have already expired.
Heard. File perused.
On instructions, Ld. Counsel of plaintiff seeks and is
permitted to withdraw similar application under Order 22 Rule 4 CPC
dated 13.5.2025, with liberty to file a fresh application on same cause
of action and statement of Ld. Counsel has been obtained in this
regard on first page of the application itself.
At this stage, Ld. Counsel for the plaintiff has filed
amended memo of parties as well as second application under Order
22 Rule 4 CPC seeking substitution of LRs of deceased defendant.
Having heard the submissions made on behalf of plaintiff
in the light of material available on record, issue notice of the
application to all the four proposed LRs of the deceased defendant as
per their details mentioned in para 11 of the application by all
permissible modes including e-modes on taking requisite steps within
a week from date of this order, returnable for next date of hearing i.e.
27.8.2025.
Ld. Counsel for the plaintiff is directed to file an affidavit
affirming the e-mail address and whats app number of the defendant
under Rule 12 of the “Delhi Courts Services of Process by courier, fax
and electronic mail service (Civil Proceedings) Rules 2010”.
Further, in terms of Rule 13, plaintiff is directed to place
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on record a copy of the application in electronic format / scanned
images for forwarding / annexing / attaching the same with the
process. Requisite process fee for sending process by e-mail in
compliance of Rule 14 be also filed within a week along with the
copies as above for onward transmission to Nazarat Branch, Tis
Hazari Courts for service through e-mail.
Process be also given dasti, if so requested.
The plaintiff bank is directed to file an affidavit of service
alongwith postal receipt(s), tracking report(s) and requisite certificate
in terms of Section 63 of BSA by next date of hearing.
(Vidya Prakash)
DJ (Commercial)-01, Central,
THC/Delhi / 24.07.2025
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