Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 954/23
BANK OF BARODA
Vs.
VIJAY KUMAR GUPTA & ANR.
06.08.2024
Present: Ms. Mumtaz Ahmad, proxy counsel for the plaintiff.
(joined through VC)
Defendants No.1 and 2 unserved for want of filing
of fresh address.
Matter is listed for filing of fresh address of
defendants.
An application under Order V Rule 20 r/w Section
151 CPC seeking substituted service of defendants through
publication, filed on behalf of plaintiff on 06.07.2024, has been
put up.
It is stated in the application that defendants are
deliberately avoiding service through ordinary processes.
Counsel for plaintiff submits that no other address of the
defendants is available with the plaintiff and prays that plaintiff
be permitted to serve the defendants through publication.
Heard. In view of the averments made in the
application as well as submissions made by counsel for plaintiff,
it is clear that defendant no.1 & 2 cannot be served in ordinary
way. Accordingly, plaintiff is permitted to serve the defendants
through publication by publishing the process in Daily Hindi
Newspaper 'Rashtriya Sahara' Delhi Edition.
Let necessary steps including deposit of publication
charges be taken within three weeks from today. Process be
given
dasti. Copy of citation be served upon defendants at their
last known addresses as well as through email, if any.
Contd...2/-
-- 1 of 2 --
::2::
Counsel for plaintiff to fie paper book in PDF form
alongwith PF for service of citation upon defendant through
email. Application U/o V Rule 20 r/w Section 151 CPC filed on
behalf of plaintiff is disposed off accordingly.
Defendants no.1 and 2 shall file Written Statement
within 30 days from the date of service.
Be listed awaiting for appearance/filing of Written
Statement/citation on 07.10.2024.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
06.08.2024
-- 2 of 2 --