Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/306/2024
DLND010028122024
M/s MUKUL GUPTA MARKETING PVT LTD
VS.
LALITA
30.09.2024
Present: Ms. Kajal Pal, Ld. Proxy Counsel for Ms. Monica
Goel, Advocate for Plaintiff (through video
conferencing).
None for Defendant despite calls.
Heard. File perused.
An application under Section 151 CPC for placing
on record fresh affidavit under Order XI Rule 6 (3) CPC and
fresh list of documents in terms of Order XI Rule 1 (2) CPC, is
already filed on behalf of plaintiff.
There is no need to issue notice of the aforesaid
application as case is at initial stage.
Accordingly, arguments on the aforesaid application
heard. Record perused.
In view of submissions made by Ld. Proxy Counsel
of plaintiff and in the interest of justice, application of plaintiff is
allowed and stands disposed off. Documents annexed therewith
are taken on record.
Affidavit of service is already filed on behalf of
plaintiff. It is pointed out that tracking report alongwith
Certificate in terms of Section 65B of Indian Evidence Act has
already been filed on record on the last date. Same would show
that the defendant was duly served with the summons of the suit
on 11.06.2024 through speed post.
Contd:-
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However, the defendant has not filed any written
statement till date.
Considering the fact that the maximum period of
120 days has not yet expired and in the interest of justice, no
adverse order is being passed against the defendant for today.
However, the defendant shall be at liberty to file its written
statement, if any, alongwith Statement of Truth within the
stipulated period as prescribed in proviso attached to Rule 1 of
Order VIII CPC as applicable to The Commercial Courts Act,
2015 along with appropriate application seeking condonation of
delay in filing written statement, affidavit of admission denial of
documents of the plaintiff, with advance copy to the opposite
side, where after, the plaintiff may file written reply, if any, to the
condonation of delay application within next four weeks thereof
with advance copy to the opposite side.
Ld. Proxy Counsel of plaintiff, on instructions,
submits that compromise talks are going on between the parties
and the matter is also likely to be settled.
Put up on 07.11.2024 for compromise/settlement, if
any, or in alternative, for passing appropriate directions qua the
defendant.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
30.09.2024(V)
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