Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 257/26
SURESH CHAND JAIN Vs. TEJBIR SINGH
08.04.2026
Present: Sh. O.P. Gupta, Counsel for the Plaintiff.
(through
VC)
Sh. Rishabh Sharma, Counsel for the Defendant.
Defendant has joined through VC.
1. Matter is today fixed for report of service/filing of
written statement, if any.
2. Fresh Vakalatnama has been filed on behalf of the
defendant today alongwith index (e-filed on 04.04.2026).
3. Hard copy of an affidavit U/s 63 of BSA alongwith
original courier receipt, speed post receipt with tracking reports
have already been filed on 07.04.2026 (e-filed on 07.04.2026).
4. As per report received on ordinary process,
defendant could not be served being out of station. However, as
per tracking reports filed on behalf of the plaintiff, the defendant
has been served through courier on 30.03.2026 vide tracking ID
No.Z74709603 and through speed post on 01.04.2026 vide
consignment no.ED937246602IN.
5. The earliest date of service of defendant is
30.03.2026, therefore, said date shall be taken into consideration
for the purposes of limitation for filing W.S.
6. At this stage, it is stated on behalf of the defendant
that no copy of plaint and documents has been supplied. The
same has been supplied again from the record today.
7. Some time is sought to file the W.S.
8. Let the defendant to file W.S. alongwith statement of
truth and affidavit of admission/ denial of documents within the
Contd...2/-
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statutory period from the date of service with supply of advance
copy to opposite party at least one week before the next date of
hearing, failing which a costs of Rs.10,000/- shall be deposited
with DLSA, Central District.
9. Subject to receiving the copy of the written
statement, plaintiff to file replication, if any, and affidavit of
admission/denial of documents on or before the next date of
hearing with supply of advance copy thereof.
10. At this stage, joint request is made to refer the matter
to mediation cell as parties are interested to explore the
possibilities of settlement.
11. On joint request, matter be sent to Mediation Cell,
Tis Hazari Court. Both parties shall appear before Ld. Incharge,
Mediation Cell, Tis Hazari Court on 17.04.2026 at 2.00 PM.
12. Referral form/ consent form duly signed on behalf of
the parties is obtained and be annexed alongwith the file.
13. As prayed, be put up for report of settlement from
Mediation Cell, failing which for report of filing of written
statement/replication/affidavit of admission/denial of documents
and for admission/denial, framing of issues and case management
hearing on 04.05.2026.
14. It is made clear that referring of the matter to the
mediation cell shall not be a ground to seek extension in filing of
the written statement.
(Devendra Kumar Sharma)
District Judge (Commercial Court-03)
Central/ THC/ Delhi
08.04.2026
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