Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7 CS (COMM.) 271/25
M/S Orangestar Logistics Pvt. Ltd. Vs. M/S Cargo Care Services
17.07.2026 (At 10:46AM)
Present : Sh. Ravinder Kumar, Ld. Counsel for the plaintiff
through video conferencing.
Fresh application under Order VI Rule 17 CPC with
proposed amended plaint; fresh Statement of Truth; certificate
under Section 63 BSA and fresh declaration under Order XI Rule 6
CPC have been filed today. Submissions heard, as made by ld.
counsel for plaintiff.
Orders shall be passed during the course of the day.
Pulastya Pramachala
District Judge (Commercial Court)-01
Patiala House Court, New Delhi.
17.07.2026 (HL)
At 3:12PM
Present : None.
1. In the morning, on perusal of certificate under Section 63
BSA and declaration under Order XI Rule 6 CPC (filed along
with proposed amended plaint), it was found that same do not
furnish all the information as required in the respective laws.
The declaration does no mention the time and particulars of the
relevant devices/source etc., from which printouts were taken.
Certificate under Section 63 BSA is also prepared in some self
created format rather than a specific format provided in Act
itself. Same were so pointed out before ld. counsel, but ld.
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counsel came up with the response that the court is hyper
technical and pointing out one after another technical defects
only. It was further submitted by ld. counsel that so much time
has passed after filing of the suit, but even summons have not
been issued, though, similar kind of other case filed in different
courts has reached at advance stage. He further submitted that
even defendant has not appeared to take such objection and let
the defendant be served and appear, to take such objection then
rectification shall be done accordingly.
2. I find that all such aforesaid submissions made by ld.
counsel is example of a wrong notion nurtured that the court
has to be just a post office to receive a suit in whatever manner
it is filed by the plaintiff and to issue summons straightaway to
the defendant. The use of the term “hyper-technical” is
conception of ld. counsel and I cannot help it. Unless a law is
declared to be ‘ultra virus’ even though it is a procedural law,
this court is under duty to follow the same and to ensure that
same be complied with. This is unfortunate that an Advocate
rather than checking all the requirements in law and checking
completeness and proper format of the pleadings, files the
pleading with several defects and when it is so pointed out by
the court, he gets offended. The record of this case shows that
right from the beginning requirement of law as related to
commercial suit were bypassed while filing the suit and
accordingly, since 08.04.2025, the court had been pointing out
and reminding the plaintiff to file rectified pleadings in
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accordance with law. Instead of doing the same, ld. counsel has
taken option to shift the blame on the court itself.
3. I cannot be guided by such misconception on the part of ld.
counsel for the plaintiff. Accordingly, I have to pass order as
per law and the natural consequences would be that any print
out of electronic evidence filed along with the plaint shall not
be looked into, for want of compliance of requisite conditions
in law.
4. As far as, amendment application is concerned, plaintiff has
sought to amend the plaint in order to change the description of
parties of the case and the representative of plaintiff company.
Keeping in view the initial stage of the case, amendment is
allowed and amended plaint along with supporting Statement of
Truth is taken on record.
5. Issue summons for settlement of issues to the defendant
through speed post/E-mail/WhatsApp, on filing of PF. For
service through electronic mode, AR of plaintiff shall file
affidavit to vouch for verified Email ID and WhatsApp number
of defendant and shall also furnish complete paper book of the
amended suit in PDF format. Care be taken to serve the opposite
party with copy of amended plaint with complete paper book.
Same be filed with PF. Process be filed within one week.
Tracking reports of post shall be filed by plaintiff.
6. The summons shall indicate that the written
statement must be filed within thirty days from the date of
receipt of the summons, and that along with written statement,
defendants shall also file affidavit/statement of admission/denial
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of the document filed by the plaintiff as per Order XI CPC as
amended by the Commercial Courts Act, 2015. Advance copy of
the same shall be supplied to plaintiff or his counsel.
7. Put up this matter for 18.09.2026 for report of
service/further proceedings.
Pulastya Pramachala
District Judge (Commercial Court)-01
Patiala House Court, New Delhi.
17.07.2026 (HL)
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