Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) No. 850/26
YOGESH MALIK VS. NIVESH PANCHAL
24.07.2026
A fresh e-filed Suit for Recovery of Rs.1,26,28,534/-
(i.e. Rs.94,38,560/- as principal and Rs.31,89,974/- as interest)
alongwith pendentelite and future interest is received by random
allocation (e-filed on 22.07.2026). It be checked and registered.
Present: Sh. Yeshpal and Sh. Amit, Counsels for the Plaintiff.
1. Hard copy of the plaint and documents have been
filed.
2. As reported, proper court fee and the Non-Starter
report dated 20.12.2025 issued by DLSA, Central have been filed
alongwith the plaint.
3. It is submitted on behalf of the plaintiff that no e-
way bill has been generated nor any transport receipt/bilty was
issued.
4. Heard. I have perused the record.
5. Leaving all the just objections open, let the
summons of the suit be issued for the settlement of issues to the
defendant on filing of PF, Speed Post and approved Courier.
Mobile No., if any, be mentioned upon the processes.
6. 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 receipts along with the
downloaded track report from the website of India Post along
with a certificate u/s 63 of Bharatiya Sakshya Adhiniyam, 2023
be placed on record by the plaintiff/counsel on the next date.
Contd...2/-
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7. In case the Plaintiff has any e-mail, fax ID or mobile
number (having WhatsApp/Gims/Sandes application) or any
other electronic address of the defendant, 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.
8. If such an affidavit, verifying the correctness of the
electronic addresses of defendant, 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 will be furnished by the plaintiff. The plaintiff is also at
liberty to serve the defendant through aforesaid electronic modes
and affidavit of service proof be filed on the next date of hearing.
9. 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.
10. 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, for service through electronic mode.
11. Steps be taken within three days. Ahlmad shall issue
the summons within three days of receipt of process and if
plaintiff fails to take the steps within three days, on deposit of a
cost of Rs.5,000/- with DLSA, Central District, process be issued
if the step is taken at least seven days before the next date of
Contd...3/-
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hearing failing which the suit shall be dismissed for non-
prosecution.
12. The defendant to file written statement alongwith
statement of truth and affidavit of admission/denial of the
documents attached with the plaint, as per law and not beyond 30
days from the date of service.
13. As prayed, be put up for report of service/filing of
written statement, if any on 14.08.2026.
(Devendra Kumar Sharma)
District Judge (Commercial Court-03)
Central/ THC/ Delhi
24.07.2026
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