Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9
CS (COMM.)/83/2024
CNR NO. : DLND010007072024
BANK OF INDIA
Vs.
SANDEEP KUMAR
30-09-2024
Present : Sh. Kushagra Pandya, Proxy Counsel for Sh. Gaurav
Dua, Advocate for plaintiff.
None for defendant, despite calls.
Heard. File perused.
Summons issued to the defendant through Whatsapp
and e-mails received back unserved with report that email failed
and Whatsapp is not available on the given mobile number.
Summons sent to the defendant at his 2nd address of
Delhi through Process Serving Agency also received back
unserved with report that defendant has already left the premises
whereas six envelops containing summons of the suit sent to
defendant through Registered AD received back with remark of
postal department ‘
left without instructions’ and/or ‘incomplete
address’.
Affidavit of service alongwith relevant annexures
already filed by plaintiff is on record.
While pointing out to the aforesaid affidavit of
service and annexures filed therewith, Ld. Counsel of plaintiff has
submitted that the defendant was duly served with the summons of
the suit through Regd. AD on 24-08-2024 at his 6th address of H.
No. 1771, 1st Floor, Arawali Vihar, Sector-49, Faridabad, Haryana
– 121001, as mentioned in Memo of Parties.
Having considered the submissions made on behalf
plaintiff and in view of affidavit of service and overall facts and
CS (COMM.)/83/2024 Page 1 of 3
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circumstances of the case, the Court is satisfied that the defendant
was duly served with the summons of the suit through Regd. AD
on 24-08-2024 at address of H. No. 1771, 1st Floor, Arawali Vihar,
Sector-49, Faridabad, Haryana – 121001, for 30-9-2024
i.e.today.
Despite such service, the defendant has failed to file
his written statement either within statutory period of 30 days from
the date of said service or even till date.
Be awaited till 12:00 noon for appearance of
defendant.
(VIDYA PRAKASH)
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
2nd Call at 12:20 p.m.
Present : Proxy Counsel for plaintiff.
None for defendant, despite repeated calls.
Be awaited till 02:00 p.m.
(VIDYA PRAKASH)
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
3rd Call at 02:25 p.m.
Present : Sh. Kushagra Pandya, Proxy Counsel for Sh. Gaurav
Dua, Advocate for plaintiff (
Through v/c).
None for defendant, despite repeated calls since
morning.
Heard. File perused.
In the totality of the facts and circumstances of the
case and keeping in view the fact that none has appeared on behalf
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of defendant despite wait and repeated calls since morning, the
defendant is hereby proceeded against as
ex parte.
Plaintiff is directed to file list of witness(s) within
2 weeks from date of this order.
Put up on 05-12-2024 for
ex parte PE.
(VIDYA PRAKASH)
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
30-09-2024(r)
CS (COMM.)/83/2024 Page 3 of 3
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