Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MCA DJ 16/26
KOTAK MAHINDRA BANK Vs. M/s JAYSHREE
INDUSTRIES
10.07.2026
Present: Sh. Shubham Kumar Dwivedi, ld. counsel for
appellant.
Sh. Neeraj Kumar Upadhyay, ld. counsel for
respondent no. 3.
Summons issued to respondent no. 1, 2 & 4 received
back unserved. Affidavit regarding service of respondent no.1, 2
and 3 is filed on behalf of appellant.
Pursuant to query, it is submitted by ld. counsel for
appellant that respondent no.1 was partnership firm which is no
more into existence and dasti summons to the legal heirs of
respondent no. 2 are served by way of affixation on the same
address where respondent no. 3 & 4 reside.
Considering the submissions made on behalf of
appellant, it cannot be considered that legal heirs of respondent
no. 2 are properly served. Regarding respondent no. 4, it is
submitted by ld. counsel for respondent no.3 that respondent no.4
is mother of respondent no.3 and respondent no.4 may be deemed
served in the present case through respondent no. 3 and that he
shall file vakalatnama on her behalf on the next date of hearing.
In view of above, fresh summons be issued to legal
heirs of respondent no. 2 on filing of PF and RC as well as fresh
address.
It is submitted by ld. counsel for appellant that suit is
filed by the appellant seeking injunction against the respondents
for removing their inventory, stock and goods from the
mortgaged property. To this, it is submitted by ld. counsel for
respondent no. 3 and 4 that respondents are ready to remove the
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goods belonging to them from the mortgaged property. It is also
submitted by ld. Counsel for respondent no. 3 and 4 that
necessary efforts to trace out the current address of legal heirs of
respondent no. 2 shall also be made. Considering the submissions
of ld. Counsel for respondent no. 3 and 4, ld. Counsel for
appellant submitted that next date be given for arguments and in
case goods from the mortgaged property shall be removed by the
respondents, the main suit as well as present application shall be
withdrawn.
Considering the submissions, put up on 25.08.2026
for further proceedings.
Trial court record be sent back and be summoned for
one day prior to the next date.
(Meenu Kaushik)
District Judge-03
Patiala House Courts, New Delhi
10.07.2026
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