Interim Order 13

Order Details: COPY OF ORDER
Pdf Text: CS 292/22
UCO BANK Vs.
M/S MELLOWBEE ENTERPRISES AND OTHERS
28.01.2025
Case received by way of transfer from the Court of Sh.
Satyabrata Panda, Ld. DJ-04, NDD, PHC pursuant to Office
Order No.30411-30427/Judl//NDD/PHC/ND of the Ld. Principal
District & Sessions Judge, New Delhi District, Patiala House
Courts, New Delhi. It be checked and registered.
Present: Sh Shikhar Kumar, counsel for the plaintiff through
VC
The summons issued to the defendants received back
unserved. As per the report, no such firm exists on the given
address.
The counsel for the plaintiff submitted that no other
address is available with the plaintiff bank except given in the
memo of parties. He further submits that the plaintiff has already
moved an application under Order 5 Rule 20
CPC for substituted service upon the defendants. He further
submits that the present suit has been filed under Order 37 CPC
however, he has instructions to state that the present suit may be
converted into the ordinary suit and accordingly the defendants
may be allowed to be served through substituted service by way
of publication in the newspapers.
In view of the above submission of the counsel of
the plaintiff the present suit filed under summary procedure
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under Order 37 CPC is treated as ordinary suit.
Since the defendants could not be served and as per
the report of unserved summons, the defendant firm is not
existing on the given address and no other address is available
with the plaintiff therefore no option is left except to serve the
defendants by way of substituted served.
Accordingly, the application under order 5 Rule 20
CPC is allowed. The defendants be served by way of publication
in the newspapers ‘The Statesman’ the English edition and
“Punjab Kesari’ Hindi edition on depositing the necessary
publication charges. Dasti copy of order be given.
Put up on 24.04.2025.
(Balwant Rai Bansal)
District Judge -05, NDD,
PHC/ND/28.01.2025
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