Order 5

Order Details: COPY OF ORDER
Pdf Text: CS No.44/24
ARIHANT ELECTRICALS Vs. CELESTIAL LED LIGHTS PVT LTD
24.02.2025
Present: Sh. Surender, Ld. Counsel for plaintiff (through VC).
It is submitted by Ld. Counsel for plaintiff that his application
seeking waiver of cost under Section 151 of CPC is pending for adjudication. As
per record, cost of Rs.6,000/- was imposed vide order dated 02.08.2024 on the
ground that plaintiff did not take steps for service of summons upon the
defendant.
Till date, plaintiff has not taken steps qua service upon the
defendant. In view of that, court is not inclined to waive of the cost. Let the cost
be deposited in DLSA (Central) and receipt be filed on record within two weeks
from today, failing which further cost of Rs.1,000/- shall be imposed upon the
plaintiff.
Application is dismissed and disposed off accordingly.
Issue summons for settlement of issues to the defendant
on filing of PF/RC as well as through Speed Post, returnable for the next
date of hearing. Plaintiff is directed to bring the tracking report of RC and
Speed Post along with an affidavit, on the next date of hearing.
The process server is directed to serve summons strictly as per
the provisions of Order 5 Rule 17 of Code of Civil Procedure. If there is refusal
on behalf of defendant to accept the summons, the process server is directed to
effect the service by way of affixation. If the process server comes to know that
the defendant has shifted from the given address, the process server would try
from the neighbours of the locality to ascertain the fresh/new address where the
defendant has shifted and served summons to the defendant on such address.
If the process server after due diligence is not able to find the address at which
the defendant has started residing after shifting from the given address, the
process server is directed to effect the service of the summons by way of
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affixation on the address on which the summons has been sent. Herein above
direction be specifically mentioned on the summons.
In addition, let summons of the suit be also issued to the
defendant electronically through WhatsApp and email as provided by
the plaintiff on affidavit, for the next date of hearing through the
Nazarat Branch. Plaintiff is directed to provide mobile number as well
as email id of the defendant along with complete plaint and documents
in PDF format and PF to the court staff.
Let steps be taken within seven days by the plaintiff.
Put up for appearance of defendant/further proceedings, on
02.05.2025.
Divya Gupta
CJ-08 (Central)
24.02.2025/Delhi
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