Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 391/2025
Bharat Singh Kushwah & Ors. vs. Manoj Sharma & Anr.
24.07.2025
Present: Sh. Kapil Yadav and Sh. Aditya Yadav, Counsels for
the plaintiffs.
Vide my separate order of even date, the application
moved by the plaintiffs under Order XXXIX Rules 1 & 2 CPC
with respect to prayer seeking ex-parte ad interim injunction and
another application Order XXVI Rule 9 CPC seeking ex-parte
appointment of Local Commissioner are dismissed.
Subject to all just exceptions, issue summons of the
suit and notice of the accompanying applications i.e. under Order
XXXIX Rules 1 & 2 CPC and under Order XXVI Rule 9 CPC
to the defendants by all permissible modes including e-mode on
taking requisite steps by the plaintiff, returnable for next date.
Steps be taken within 03 days.
Process be also given dasti, if so requested.
In case the plaintiff desires that the process be also
sent through e-mail and provides the e-mail address of the
defendants, the plaintiffs shall file an affidavit under Rule 12 of
Delhi Courts Service of Process by Courier, Fax and Electronic
Mail Service (Civil Proceedings) Rules, 2010 affirming the e-
mail address of the said defendant and in terms of Rule 13, also
place on record copy of the plaint and accompanying documents
in electronic form along with the PF for forwarding
annexing/attaching the same with the process. The requisite
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process fee for sending process by e-mail be deposited in
compliance of Rule 14 for onward transmission to the Nazarat
Branch for service through e-mail.
Summons to be issued to the defendants must
indicate that written statement has to be filed by the defendants
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 service report qua defendants on
26.08.2025.
(Balwant Rai Bansal)
District Judge (Commercial Court)-02
Patiala House Courts, New Delhi.
24.07.2025
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