Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Laxmi Enterprises Vs. Roop International
CS (Comm) No. 1057/2023
23.08.2023
Present: Sh. Pramod Kumar Yadav Advocate along with
Sh. Vijay Bahadur Sharma, Proprietor of the
plaintiff firm.
Heard arguments on the aspect of limitation. Ld.
Counsel for the plaintiff submits that the last payment was
received from the defendant on 15.02.2021 and hence, the
present suit is within the period of limitation. In this regard, he
has placed on record the Statement of Account of the plaintiff
showing the deposit of Rs.1,70,000/ by the defendant on
15.02.2021.
The aspect of Limitation is are left open to be
decided at appropriate stage. Issue summons to the defendant
vide PF, RC, Speed Post, Dasti and Electronic Mode i.e. email
for 01.11.2023.
At this stage, on request of the Ld. Counsel for the
plaintiff, the date is changed to 02.11.2023. The date of
01.11.2023 is hereby cancelled.
The original postal receipts alongwith the
downloaded Trackers' Report from the site of India Post be
placed on record by the plaintiff/ counsel on the next date of
hearing.
Written Statement has to be filed by the defendant
within 30 days (extendable upto 120 days with the leave of the
Court and subject to terms) from the date of service of the
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process as per the Provision of Sub Rule 1 of Order 5 Rule 1
CPC as applicable to the Commercial Courts Act.
(Dr. Kamini Lau)
Distt. Judge (Comm.)02, Central,
Tis Hazari Court, Delhi23.08.2023
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