Order 1

Order Details: COPY OF ORDER
Pdf Text: CS(Comm) No.1071-2023
INDIAN BANK VS. RAJ KUMAR
21.07.2023
Fresh case has been received by way of e-filing. Hard copy also filed.
Let the same be checked and registered.
Present : Mr. Sanjeev Kumar Gupta, ld counsel for plaintiff.
Heard.
It is submitted that pre-institution mediation was
attempted but resulted in a non-starter. Therefore, compliance of
Section 12A of the Commercial Courts Act has been made.
Subject to just exceptions, issue notice of the suit (in the
prescribed form viz., the summons for settlement of issues) as well as
of the accompanying applications with all the annexed documents to
the defendant(s) on filing of the process fee by the plaintiff. In case
any address of the defendant(s) is of outstation, the ordinary process be
sent through the Principal District Judge concerned.
In addition thereto, process be also sent through
registered/speed post AD. As prayed, the sealed covers containing the
summons and complete paper book of the case be handed over dasti to
the plaintiff/counsel for putting the same in the postal transmission.
The original postal receipt(s) along with the downloaded track report
from the website of India Post along with a certificate under Section
65B of Indian Evidence Act be placed on record by the
Plaintiff/counsel on the next date. In case the Plaintiff has any e-mail ,
fax ID or mobile number (having WhatsApp/Gims/Sandes
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application) or any other electronic address of the defendant(s),
the particulars of the same be filed/furnished in court by the Plaintiff
vide an affidavit in accordance with Rule 12 of the Delhi Court
Services of Process by courier, FAX and Electronic Mail Service (Civil
Proceedings) Rule, 2010.
If such an affidavit, verifying the correctness of the
electronic addresses of defendant(s), is furnished, the process be sent
through electronic mode as well as through the Nazarat Branch
enclosing an electronic copy of the plaint and documents which be
furnished by the Plaintiff.
In terms of Rule 13, Plaintiff is directed to place on record
a copy of the plaint and documents in electronic format/scanned
images in compliance of Rule 13 for forwarding/annexing/attaching
the same with the process.
Requisite process fee for sending process by electronic
mode in compliance of Rule 14 be also filed along with the copies as
above for onward transmission to Nazarat Branch, Tis Hazari Courts,
for service through electronic mode.
Process should also state that the Written Statement has to
be filed within 30 days (extendable up to 120 days with the leave of
the Court and subject to terms) from the date of service of process as
per amended CPC (as applicable to Commercial Courts).
Steps be taken within 07 days from today.
Notice is returnable on 03.10.2023.
(Kaveri Baweja)
District Judge (Commercial Court)-07
Central District, THC/21.07.2023(rk)
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