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Order 5

CNR DLCT01008893202524 Nov 2025
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Order 5 · 24 Nov 2025 · CNR DLCT010088932025

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM)719/25
M/S S B SHAH AND CO. PVT. LTD. Vs. M/S PARIDHI
INDUSTRIES
24.11.2025
Present: Sh. Dinesh Doshi, Ld. Counsel for plaintiff.
Original postal receipts along with tracking reports
in respect to the speed post process issued to defendants for
previous date stand filed on record through e-mode and hard
copies thereof have also been placed on record today. Postal
envelope containing summons sent through speed post process
sent to defendant no. 3 was already received back for previous
date and even as per the tracking reports being filed on record,
the said process to defendant no. 1 firm and defendant no. 3 had
remained undelivered.
Though the process sent to defendant no. 2 is shown
to have been delivered to one Rahul, but it cannot be taken as
proper service of summons upon the said defendant, or upon two
other defendants for the reason that defendant no. 1 is a firm and
defendant no. 3 is its other partner, because it has already been
reported that the said defendant is not existing at the given
address. This report was also received qua the other two
defendants at their given addresses and that is why the plaintiff
company was given an opportunity to take steps for substituted
service of defendants, in case no fresh address of defendants
were traceable.
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//2//
An application under Order 5 Rule 20 CPC also
stands filed on behalf of plaintiff now seeking service of
summons upon defendants through the above substituted mode.
In view of the above facts and the submissions being
made, this application is allowed and all the three defendants are
being directed to be served with summons by way of publication
in English Daily “The Times of India” or “Hindustan Times”.
Steps be taken within a week from today and process may be
taken dasti.
List the matter now on 03.01.2025 awaiting report of
publication/appearance of defendants/further proceedings.
(M. K. Nagpal)
District Judge, Commercial Court-13
Central District, Tis Hazari Courts,
Delhi/24.11.2025 (p)
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