Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Misc DJ No.468/2025
Government of NCT of Delhi Vs. M/s Maa Bhagwati Associates
06.06.2025
File taken up on application under Section 151 CPC for restoration of OMP
Comm.17/2025.
Present: Sh. Zafar Abbas, Ld. Counsel for plaintiff.
Vide order dated 24.05.2025 the Section 34 A and C Act petition was
adjourned sine die by this Court in so far as petitioner Government of NCT of
Delhi had not complied the mandatory provision of Section 34 (5) of A and C Act
which mandates that every objection petitioner shall serve the award holdercopy of
the petition in advance and shall also furnish affidavit of due service alongwith the
petition.
Alongwith application one affidavit is filed by Mr. Amod Kumar. This
affidavit is found to be factually incorrect because in para 2 of the same he has
referred this Court to be High Court and secondly it is mentioned that vide order
dated 24.05.2025 this Court had directed the Government of NCT of Delhi to
serve the petition on the respondent “electronically”. Upon being asked Ld.
Counsel for petitioner concedes that no such direction was issued. Although it
amounts to perjury since an incorrect statement is made on affidavit but Ld.
Counsel submits that it is an inadvertant typing error.
The affidavit further mentions that service has already been effected
on the respondent in compliance of this Court’s directions by email. As mentioned
supra since no direction of service by email was effected, it cannot be said that this
was done in compliance of directions of this Court. But even otherwise as per Rule
18.2 of E-Filing Rules, 2021 as notified for District Courts in Delhi Hon’ble High
Court has mandated that it is not obligatory on the part of an opposite side to
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receive suits and documents by email. The affidavit further states that the
respondent stands served by way of speed post dated 02.06.2025. Even this
statement is factually incorrect statement since as per tracking report dated
03.06.2025 the envelope had not even reached the address of the respondent but
was lying in some postal office in transit. Government of NCT of Delhi has not
even cared to place on record the updated tracking report i.e. tracking report dated
06.06.2025. Since the tracking report filed is 3 days old i.e. 03.06.2025 no cogent
reason stated as to why updated tracking report is not filed. However, a statement
is made at Bar that no service has been effected on the respondent as according to
the current position of the service it is reported as “door locked”. In this backdrop,
no presumption of service can be arrived at even as per Section 27 of General
Clauses Act, 1976. Since it requires a gap of 30 days the application in hand is
found to be premature and is accordingly dismissed.
File be consigned to Record Room after due compliance.
(SURINDER S. RATHI)
District Judge
Commercial Court-11
Central District, THC
Delhi/06.06.2025(A)
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