Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm.) No. 417/26
M/s Vidale Clothing Vs. Utkarsh Kumar
19.05.2026
Case file is received by way of transfer vide order
No.28340-368/F.3(4)/Gaz (C)/2026 dated 16.05.2026 of Ld.
Principal District & Sessions Judge (HQs), Delhi. It be checked
and registered.
Present: Sh. Neeraj Kumar, Counsel for the Plaintiff.
1. Matter is today fixed for service report.
2. As per report upon the summons sent to the
defendant on 20.04.2026 through electronic mode i.e. whatsapp
was found double white tick and the email sent did not bounce
back within 24 hours. However, the speed post sent to the
defendant has been returned back without any remarks.
3. At this stage, some time is sought to file the affidavit
of service proof.
4. Heard.
5. Let the plaintiff to file the proof of service on or
before the next date of hearing.
6. In the meantime, fresh summons of the suit (in the
prescribed form viz., the summons for settlement of issues) be
issued to the defendant on filing of PF through Ld. District
Judge, Muzaffarpur, Bihar as well as through speed post and
approved courier by the plaintiff. Mobile No., if any, be
mentioned upon the processes.
7. As prayed, the sealed covers containing the
summons and complete paper book of the case be handed over
dasti to the plaintiff/counsel for putting the same in the postal
transmission. The original postal receipts alongwith the
downloaded track report from the website of India Post
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alongwith a certificate under Section 63 of Bharatiya Sakshya
Adhiniyam, 2023 be placed on record by the plaintiff/counsel on
the next date.
8. In case the Plaintiff has any e-mail, fax ID or mobile
number (having WhatsApp/Gims/Sandes application) or any
other electronic address of the defendants, the particulars of the
same be filed/furnished in Court by the plaintiff vide an affidavit
in accordance with Rule 12 of the Delhi Court Services of
Process by courier, FAX and Electronic Mail Service (Civil
Proceedings) Rule, 2010.
9. If such an affidavit verifying the correctness of the
electronic addresses of defendants is furnished, the process be
sent through electronic mode as well as through the Nazarat
Branch enclosing an electronic copy of the plaint and documents
which will be furnished by the plaintiff. The plaintiff is also at
liberty to serve the defendant through aforesaid electronic modes
and affidavit of service proof be filed on the next date of hearing.
10. In terms of Rule 13, plaintiff are directed to place on
record a copy of the plaint and documents in electronic
format/scanned images in compliance of Rule 13 for
forwarding/annexing/attaching the same with the process.
11. Requisite process fee for sending process by
electronic mode in compliance of Rule 14 be also filed alongwith
the copies as above for onward transmission to Nazarat Branch,
for service through electronic mode.
12. Steps be taken within three days. Ahlmad shall issue
the summons within two days of receipt of process and if
plaintiff fails to take the steps within three days, on deposit of a
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cost of Rs.5,000/- with DLSA, Central District, process be issued
if the step is taken at least seven days before the next date of
hearing failing which the suit shall be dismissed for non-
prosecution.
13. Process should also state that the written statement
alongwith statement of truth and affidavit of admission/denial of
the documents attached with the plaint, has to be filed within 30
days (extendable up to 120 days with the leave of the Court and
subject to terms) from the date of service of process as per
amended CPC (as applicable to Commercial Courts).
14. As prayed, be put up for report of service/ filing of
written statement, if any on 02.06.2026.
(Devendra Kumar Sharma)
District Judge (Commercial Court-03)
Central/ THC/ Delhi
19.05.2026
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