Order 3

Order Details: COPY OF ORDER
Pdf Text: CS (Comm) No. 999-23
Urmila Gupta Vs. Rishi Kumar Goel & Anr.
28.08.2023
Present:- Sh. Vivek Mishra, proxy counsel for plaintiff.
Sh. Aditya Choudhary, Ld. Counsel for defendants
no. 3&4.
None for defendants no.1&2.
Summons sent to defendant no. 1 at first address
through ordinary process received back with the report that
premises found locked and at first floor, one person namely
Prahlad met and told that landlord name is Ankur and defendant
is the brother of landlord, who has left the premises two years
ago and now there is no firm/shop Mamraj Chunnilal & Sons.
Summons sent to defendant no. 1 at second address
through ordinary process received back with the report that one
person namley Neeraj met and orally informed that there is no
person/firm with the name Rishi Kumar Goel, proprietor M/s
Mamraj Chunnilal & Sons.
Summons sent to defendant no. 2 through ordinary
process received back with the report that premises found locked
and at first floor, one person namely Prahlad met and told that
landlord name is Ankur and Sh. Rishi Kumar Goyal is the brother
of landlord Ankur, who has left the premises two years ago and
now there is no firm/shop Mamraj Chunnilal & Sons.
From the reports, it is evident that defendants no. 1
& 2 are the same person as defendant no. 2 is not legal entity and
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it is only business name of defendant no.1.
Let plaintiff to file fresh address of defendants no. 1
& 2 by the next date of hearing.
As far as defendants no. 3 & 4 is concerned, they are
also the same enity as defendant no. 4 is not legal entity and it is
only business name of defendant no.3. Therefore, let plaintiff to
take appropriate steps to amend the plaint.
Ld. Counsel for defendants no. 3 & 4 has filed an
application under Order VII Rule 11 r/w Section 151 CPC
alongwith WS. Copy supplied.
Let reply to the same be filed with advance copy to
defendant atleast a week prior to the next date of hearing.
Put up for reply / arguments on the said application
as well as filing of fresh address of defendants no. 1 on
09.10.2023.
(Sanjeev Kumar Aggarwal)
District Judge (Commercial Court)-01,
Central, Tis Hazari Courts,
Delhi/28.08.2023
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