Order 4

Order Details: COPY OF ORDER
Pdf Text: 3
CS (COMM) 16/26
VIKAS JAIN Vs. SUBHASH CHANDER
01.07.2026
Present: Sh. Vikas Jain, Plaintiff.
Sh. Pankaj Singhal, Ld. Counsel for the plaintiff
(through VC).
Sh. Subhash Chander, Defendant.
Sh. S.K.Kalra, Ld. Counsel for the defendant.
The defendant had been served electronically on
30.04.2026. Defendant could not be served by any other mode. An
application under Section 151 CPC along with vakalatnama has been
filed on behalf of the defendant. The application has been moved
seeking that the suit be proceeded only on the basis of original plaint
which was returned from the previous court. Apparently, the defendant
has not inspected the record. Such orders were passed on 14.01.2026.
The application, therefore, is infructuous and is disposed off as such.
Ld. Counsel for the defendant states that his written
statement was filed before the previous court. However, in view of the
settled position that the trial has to be conducted de-novo, written
statement in accordance with CC Act be filed. Further, since the
defendant was served on 30.04.2026, more than 30 days have passed.
Ld. Counsel for the defendant states that he shall file his written
statement within 10 days along with an appropriate application. Same
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be done subject to the provisions of CC Act. If filed, advance copy of
the same be supplied to the Ld. Counsel for the plaintiff. Matter be
listed for further proceedings on 12.08.2026.
(RUBY ALKA GUPTA)
District Judge (Commercial Court)-02
East District/KKD Courts/Delhi
01.07.2026/R
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