Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.1262/23
S.K.Rahim Vs. M/s Dayal Clothiers Exports & Ors.
15.02.2024
Present: Sh. Archit Gupta, counsels for the plaintiff.
Sh. Sandeep Kumar, Counsel for Defendants No.1
to 3. (Vakalatnama filed.)
Summons issued to the defendants no.1 to 3 through
ordinary process received back unserved. That issued to
defendants no.1 to 3 through speed post and RC received back
unserved with the report of ‘refusal’.
As per report of Nazarat Branch, summons have
been delivered to defendants no.1 to 3, through email, on
29.01.2024.
Written statement not filed on behalf of defendants.
Adjournment prayed.
Defendants No.1 to 3 to file written statement as per
provisions of the Commercial Courts Act. Advance copy be
supplied to counsel for plaintiff.
Subject to compliance, be listed for filing of
replication, affidavit of admission/denial of documents,
admission/denial, framing of issues and case management
hearing on 22.03.2024. Parties/AR shall remain present for
admission/denial of documents.
At this stage, counsel for defendants submits that
since the defendants no.1 to 3 were served through email, he be
provided a hard copy of the plaint and other documents. A copy
from the Court record, annexed with processes returned with
Contd...2/-
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report of refusal, supplied to counsel for defendants. It is,
however, made clear that since soft copies were already served
upon defendants, the period of limitation for filing of written
statement shall be computed from the date of said service i.e.
29.01.2024 and not from today since the counsel for defendants
and the defendants of their own choice have not taken print out.
(Illa Rawat)
District Judge (Commercial Court-03)
Central/ THC/ Delhi.
15.02.2024
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