Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) NO. 306/24
M/s MUKUL GUPTA MARKETING PVT LTD VS. LALITA
02.04.2024
Fresh suit for recovery received by assignment.
It be checked and registered.
Present: Ms. Monika Goel alongwith Ms. Kajal Pal and Sh.
Yash Nagpal, Advocates for Plaintiff.
Heard. Record perused.
Perusal of the record shows that affidavit for
electronic record documents filed by the plaintiff, is not in
accordance with Order XI Rule 6 (3) CPC. Further, list of
documents filed by the plaintiff, is not signed by AR of plaintiff
on its each and every page.
Said defects are curable in nature.
Ld. Counsel of plaintiff seeks and is granted one
week’s time to cure the above said defects.
Although, the plaintiff has filed the present suit
under Order XXXVII CPC based upon one partly paid invoice
and remaining unpaid invoices but during the course of
submissions, Ld. Counsel of plaintiff in all fairness states at Bar
that the present suit may be treated as an ordinary money suit.
Let the signature of Ld. Counsel for plaintiff be
obtained in side of the proceedings in token of having made the
aforesaid statement.
After considering the over all facts and
circumstances of the case and in view of the aforesaid statement
made by Ld. Counsel of plaintiff, the present suit is accordingly
treated as an ordinary money suit.
Contd:-
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Subject to curing the above said defects within one
week, issue summons of the suit to the defendant by all
permissible modes including e-mode on taking requisite steps by
plaintiff within two weeks time, returnable for the next date of
hearing. The plaintiff is also directed to file the affidavit of
service on the defendant.
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 for appearance/further proceedings on
30.07.2024.
VIDYA PRAKASH
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
02.04.2024(v)
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