Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CS (Comm.) -1513-2023
TUSKER TECHNOMATE PVT. LTD. VS. M/S. PROMOTIONAL
CLUB & ORS.
22.11.2023
Fresh suit XXXVII CPC has been received by way of e-filing. Hard copy also
filed. Let the same be checked and registered.
Present : Ms. Ishita Sehgal, ld counsel for plaintiff.
Heard. Record perused.
It is submitted before me 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.
Let summons of the suit under Form No.4 in Appendix B be issued
to the defendant through email ID and Whatsapp of the defendant in prescribed
format under Order XXXVII CPC on filing of PF/RC as well as through
approved courier. Steps be taken within two weeks.
In addition thereto, process be also sent through registered/speed
post AD. As prayed, the sealed covers containing the summons and complete
paperbook 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 65 B of the Indian Evidence Act be placed on record by the
plaintiff/counsel on the next date.
Further in terms of Rule 13 plaintiff is directed to place on record a
copy of the plaint and documents in electronic format/scanned images 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
within a week along with the copies as above for onward transmission to Nazarat
Branch, Tis Hazari Courts for service through e-mail.
Notice be issued, returnable on 02.02.2024.
(Kaveri Baweja)
District Judge (Commercial Court) -07
Central District, THC, Delhi/22.11.2023‘rk’
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