Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/70/2024
DLND010005862024
BANK OF INDIA
Vs.
SATYENDRA PAL SINGH
29.07.2024
Present: Ms. Poonam, Proxy for Sh. Gaurav Dua, Advocate
for Plaintiff.
None for Defendant despite calls.
Heard. File perused.
On the last date, Ld. Proxy Counsel appeared on
behalf of plaintiff and submitted that defendant was served in the
matter and sought adjournment to file affidavit of service on
record, but same has not been filed till date.
However, Proxy Counsel appearing today on behalf
of plaintiff states at Bar that due to some
bona fide mistake, it
was wrongly submitted by Ld. Proxy Counsel for plaintiff who
had appeared on the last date of hearing that defendant has been
served, whereas the defendant has not been actually served in this
matter.
In view of above and on request made on behalf of
plaintiff, issue fresh summons of the suit to the defendant by all
permissible modes including
e-mode on taking requisite steps by
the plaintiff returnable for next date of hearing. Steps be taken
within one week from the date of this order.
Plaintiff is directed to file soft copy of entire paper
book in PDF format for the purpose of e-mode service to
defendant alongwith PF. Process be given dasti also, if so
requested.
Contd:-
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The plaintiff is also directed to file the affidavit of
service on record.
Written statement has to be filed by the defendant
within 30 days (extendable upto 120 days with the leave of the
court and that too subject to appropriate terms) from the date of
service of the process as per the Proviso of Sub Rule 1 of Order 5
Rule 1 CPC as applicable to the Commercial Courts Act.
Put up on 29.10.224 for service of defendant/further
proceedings.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
29.07.2024(V)
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