BANK OF BARODAVsVIJAY KUMAR GUPTA +1 more

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) No.954/2023
BANK OF BARODA
VS.
SH. VIJAY KUMAR GUPTA & ANR.
03.12.2024
Present : Ms. Eram Khan, Ld. Counsel for the plaintiff.
Defendants are already ex-parte vide order dated
07.10.2024.
Final arguments heard.
Put up for orders at 04:00 pm.
(GORAKH NATH PANDEY)
District Judge (Commercial Court-08)
Central: THC:Delhi/03.12.2024
At 04:00 pm
Present: None.
Vide separate judgment dictated and announced today,
the suit of the plaintiff has been decreed. Decree sheet be
prepared accordingly.
File be consigned to the Record Room after necessary
compliance.
(GORAKH NATH PANDEY)
District Judge (Commercial Court-08)
Central: THC:Delhi/03.12.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) 954/2023
BANK OF BARODA VS. VIJAY KUMAR GUPTA
02.12.2024
Present: Ms. Eram Khan, Ld. Counsel for the plaintiff.
Defendant is already ex-parte vide order dated
07.10.2024.
An application for substitution of Authorized
Representative of the plaintiff bank is filed. Heard. For the
reasons mentioned in the application, the same is allowed and Sh.
Sarthak Malakar is hereby substituted as AR of the plaintiff bank.
Board Resolution passed in favour of Sh. Sarthak Malakar
annexed with the application is taken on record.
Evidence by way of affidavit of PW1 Sh. Sarthak
Malakar is filed. Same is taken on record.
PW1 Sh. Sarthak has been examined and discharged.
The counsel for the plaintiff submits that the plaintiff does not
want to examine any other witness in its evidence and the PE
may be closed. In view of the submissions made, the PE is
hereby closed.
Put up for ex-parte final arguments on 03.12.2024.
(GORAKH NATH PANDEY)
District Judge (Commercial Court-08)
Central: THC:Delhi/02.12.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 954/23
BANK OF BARODA Vs. VIJAY KUMAR GUPTA
07.10.2024
Case file received by way of transfer vide order No. 30083-113/
F.3(4)/DJ/Comm.C/2024 dated 27.08.2024 of Ld. Principal
District & Sessions Judge (HQs), THC, Delhi.
Present: Ms. Eram Khan, Ld. Counsel for the plaintiff
through VC.
None for the defendant.
Defendant was served by way of publication in the
newspaper ‘Rashtriya Sahara’ dated 05.09.2024. No written
statement has been filed till date nor any one has appeared for the
defendant despite waiting and calls since morning. It is already
2.23 pm. Defendant is proceeded ex-parte.
Put up for ex-parte plaintiff’s evidence on
02.12.2024.
(AMIT KUMAR)
District Judge, Comm. Court-08
Central, Tis Hazari Courts Extension Block, Delhi
07.10.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.954/23
Bank of Baroda Vs. Vijay Kumar Gupta & Anr.
29.05.2024
Present: None for the plaintiff.
Defendants No.1 and 2 unserved.
Receipt of deposit of cost of Rs.5,000/-, imposed on
plaintiff vide order dated 08.01.2024, filed alongwith PF. Be
taken on record.
Summons issued to defendants no.1 & 2 issued
through ordinary process received back unserved with report that
said defendants are not residing at given address but are residing
elsewhere. That issued through speed post/RC received back with
the report that “the defendants have did not meet despite repeated
visits. Occupants informed that defendants have vacated the
house and left. That issued through courier not received back.
Plaintiff to verify and file fresh address of
defendants no. 1&2, for 06.08.2024.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
29.05.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 954/23
BANK OF BARODA Vs. VIJAY KUMAR GUPTA
16.04.2024
Ld. Presiding Officer is on leave today.
Present: Ms. Eram Khan, counsel for plaintiff. (joined
through VC)
As per directions of Ld. Presiding Officer, be listed
for purpose fixed on 29.05.2024.
(Reader)
16.04.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.954/23
Bank of Baroda Vs. Vijay Kumar Gupta & Anr.
08.01.2024
Present: Ms. Eram Khan, counsel for the plaintiff. (joined
through VC)
Defendants No.1 and 2 unserved for want of filing
of fresh address.
Fresh address of defendants not filed till date. It is
apparent that plaintiff is not taking the court proceedings
sincerely and diligently and deliberately delaying the proceeding.
Accordingly, plaintiff is burdened with cost of Rs.5,000/- to be
paid to DLSA, Central District. Cost be deposited within three
weeks from today.
Order dated 13.10.2023 be complied with by
plaintiff for 26.02.2024.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
08.01.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.954/23
BANK OF BARODA Vs. VIJAY KUMAR GUPTA
13.10.2023
Present: Ms. Iram Khan, counsel for the plaintiff. (joined
through VC)
Defendants No.1 and 2 unserved.
Summons issued to defendants No.1 and 2, through
ordinary process and speed post, received back unserved with
report ‘left without address’.
Plaintiff to verify and file the fresh address of
defendants, if any, or to take appropriate steps for their
substituted service.
Be listed for further proceedings on 08.01.2024.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
13.10.2023
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.954/23
BANK OF BARODA Vs. VIJAY KUMAR GUPTA
19.08.2023
Present: Ms. Iram Khan, counsel for the plaintiff (has joined
proceedings through VC).
Hard copy filed on 08.07.2023.
Heard. File perused.
Counsel for plaintiff stated that the Non-starter
report dated 09.01.2023 issued by Central District Legal Services
Authority has been placed on record.
Fresh summons of the suit and notice to the IA be
issued to the defendant Nos. 1 and 2 at the address mentioned in
the memo of parties on filing of PF/RC/speed post/approved
courier.
Steps be taken within three weeks from today.
Ahlmad shall issue the summons within two weeks thereafter and
if plaintiff fails to take the steps within three weeks from today,
process shall not be issued unless the delay is condoned by the
Court.
Defendants shall file the written statement and reply
within 30 days from the date of service.
Be listed awaiting for appearance/filing of written
statement/reply on 13.10.2023.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
19.08.2023
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 954/2023
Bank of Baroda Vs. Vijay Kumar Gupta
01.07.2023
A fresh Suit for Recovery of Rs.4,24,114.58
alongwith pendente lite and future interest is received
through E-filing. It be checked and registered.
Present: None for the plaintiff.
Hard copy is awaited.
Subject to filing of the hard copy, be listed for
consideration on 19.08.2023.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/Delhi.
01.07.2023
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) 954/2023
BANK OF BARODA VS. VIJAY KUMAR GUPTA
02.12.2024
Present: Ms. Eram Khan, Ld. Counsel for the plaintiff.
Defendant is already ex-parte vide order dated
07.10.2024.
An application for substitution of Authorized
Representative of the plaintiff bank is filed. Heard. For the
reasons mentioned in the application, the same is allowed and Sh.
Sarthak Malakar is hereby substituted as AR of the plaintiff bank.
Board Resolution passed in favour of Sh. Sarthak Malakar
annexed with the application is taken on record.
Evidence by way of affidavit of PW1 Sh. Sarthak
Malakar is filed. Same is taken on record.
PW1 Sh. Sarthak has been examined and discharged.
The counsel for the plaintiff submits that the plaintiff does not
want to examine any other witness in its evidence and the PE
may be closed. In view of the submissions made, the PE is
hereby closed.
Put up for ex-parte final arguments on 03.12.2024.
(GORAKH NATH PANDEY)
District Judge (Commercial Court-08)
Central: THC:Delhi/02.12.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 954/23
BANK OF BARODA Vs. VIJAY KUMAR GUPTA
07.10.2024
Case file received by way of transfer vide order No. 30083-113/
F.3(4)/DJ/Comm.C/2024 dated 27.08.2024 of Ld. Principal
District & Sessions Judge (HQs), THC, Delhi.
Present: Ms. Eram Khan, Ld. Counsel for the plaintiff
through VC.
None for the defendant.
Defendant was served by way of publication in the
newspaper ‘Rashtriya Sahara’ dated 05.09.2024. No written
statement has been filed till date nor any one has appeared for the
defendant despite waiting and calls since morning. It is already
2.23 pm. Defendant is proceeded ex-parte.
Put up for ex-parte plaintiff’s evidence on
02.12.2024.
(AMIT KUMAR)
District Judge, Comm. Court-08
Central, Tis Hazari Courts Extension Block, Delhi
07.10.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.954/23
Bank of Baroda Vs. Vijay Kumar Gupta & Anr.
29.05.2024
Present: None for the plaintiff.
Defendants No.1 and 2 unserved.
Receipt of deposit of cost of Rs.5,000/-, imposed on
plaintiff vide order dated 08.01.2024, filed alongwith PF. Be
taken on record.
Summons issued to defendants no.1 & 2 issued
through ordinary process received back unserved with report that
said defendants are not residing at given address but are residing
elsewhere. That issued through speed post/RC received back with
the report that “the defendants have did not meet despite repeated
visits. Occupants informed that defendants have vacated the
house and left. That issued through courier not received back.
Plaintiff to verify and file fresh address of
defendants no. 1&2, for 06.08.2024.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
29.05.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 954/23
BANK OF BARODA Vs. VIJAY KUMAR GUPTA
16.04.2024
Ld. Presiding Officer is on leave today.
Present: Ms. Eram Khan, counsel for plaintiff. (joined
through VC)
As per directions of Ld. Presiding Officer, be listed
for purpose fixed on 29.05.2024.
(Reader)
16.04.2024
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Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.954/23
Bank of Baroda Vs. Vijay Kumar Gupta & Anr.
08.01.2024
Present: Ms. Eram Khan, counsel for the plaintiff. (joined
through VC)
Defendants No.1 and 2 unserved for want of filing
of fresh address.
Fresh address of defendants not filed till date. It is
apparent that plaintiff is not taking the court proceedings
sincerely and diligently and deliberately delaying the proceeding.
Accordingly, plaintiff is burdened with cost of Rs.5,000/- to be
paid to DLSA, Central District. Cost be deposited within three
weeks from today.
Order dated 13.10.2023 be complied with by
plaintiff for 26.02.2024.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
08.01.2024
-- 1 of 1 --

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.954/23
BANK OF BARODA Vs. VIJAY KUMAR GUPTA
13.10.2023
Present: Ms. Iram Khan, counsel for the plaintiff. (joined
through VC)
Defendants No.1 and 2 unserved.
Summons issued to defendants No.1 and 2, through
ordinary process and speed post, received back unserved with
report ‘left without address’.
Plaintiff to verify and file the fresh address of
defendants, if any, or to take appropriate steps for their
substituted service.
Be listed for further proceedings on 08.01.2024.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
13.10.2023
-- 1 of 1 --

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.954/23
BANK OF BARODA Vs. VIJAY KUMAR GUPTA
19.08.2023
Present: Ms. Iram Khan, counsel for the plaintiff (has joined
proceedings through VC).
Hard copy filed on 08.07.2023.
Heard. File perused.
Counsel for plaintiff stated that the Non-starter
report dated 09.01.2023 issued by Central District Legal Services
Authority has been placed on record.
Fresh summons of the suit and notice to the IA be
issued to the defendant Nos. 1 and 2 at the address mentioned in
the memo of parties on filing of PF/RC/speed post/approved
courier.
Steps be taken within three weeks from today.
Ahlmad shall issue the summons within two weeks thereafter and
if plaintiff fails to take the steps within three weeks from today,
process shall not be issued unless the delay is condoned by the
Court.
Defendants shall file the written statement and reply
within 30 days from the date of service.
Be listed awaiting for appearance/filing of written
statement/reply on 13.10.2023.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
19.08.2023
-- 1 of 1 --

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 954/2023
Bank of Baroda Vs. Vijay Kumar Gupta
01.07.2023
A fresh Suit for Recovery of Rs.4,24,114.58
alongwith pendente lite and future interest is received
through E-filing. It be checked and registered.
Present: None for the plaintiff.
Hard copy is awaited.
Subject to filing of the hard copy, be listed for
consideration on 19.08.2023.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/Delhi.
01.07.2023
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