Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 13 Civ Suit330/23
AMIT AGGARWAL PROPRIETOR OF M/S ROYAL MARBLES ANDTILES Vs.
SHUBHAM PROP. OF M/S AKSH INFRA AND ORS.
29.02.2024
Present: Sh. Rajat Dua, Ld. Counsel for the plaintiff alongwith Sh. Amit
Aggarwal, AR of plaintiff.
None for the defendants no. 1 & 2.
Process Server Sh. Kishan Lal present in person.
As per record, summons were served upon defendants no. 1 & 2 by the
concerned Process Server through Whatsapp at their Mobile numbers i.e.
9718403005 and 9760090927 alongwith copy of plaint and documents on
04.01.2024.
Today, the statement of the concerned Process Server has been
recorded to this effect by this Court and the report of Process Server are taken on
record as Ex.CW1/A & Ex.CW1/B (colly) alongwith screen short of Whatsapp sent
to the defendants.
Ld. Counsel for the plaintiff has also submitted before the Court that the
defendants have also contacted to the plaintiff after service of summons and they are
aware about the present case.
Accordingly, despite service of summons in the aforesaid manner, none
has appeared on behalf of defendants no. 1 & 2 till date nor any WS has been filed to
contest the suit of the plaintiff.
The prescribed period for filing the WS has already expired qua the
defendants.
Accordingly, the right of the defendants to file WS is hereby closed and
the defendants are proceeded as ExParte in the present case.
Plaintiff is at liberty to lead ExParte PE in the present case on
30.04.2024.
(Fahad Uddin)
ASCJcumJSCCcumGuardian Judge,
East, KKD Courts, Delhi/29.02.2024
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