Interim Order 5

Order Details: COPY OF ORDER
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CS. (COMM.) No. 374/2023
M/s AP Securitas Pvt Ltd Vs. Anondita Health Care Pvt Ltd & Ors
05.03.2024
Present: Ms. Anubhuti Tyagi, Ld. Counsel for the plaintiff.
Ms. Rava Jena Mishra, Ld. Counsel for the defendant no.
2.
None for other defendants.
Original Courier Receipts, Tracking reports of courier &
speed posts along with Certificate under Section 65-B of the Evidence
Act in support of the tracking reports filed by the Ld. Counsel for the
plaintiff.
As per tracking reports filed by Ld. Counsel for the
plaintiff, summons served upon the defendant nos. 1 & 2 on
11.11.2023 and defendant nos. 3 to 6 were served on 23.11.2023
through courier.
All the defendants were also served through speed post
on 13.11.2023.
An application under Order VIII Rule 1 r/w Section 151
CPC moved on behalf of defendant no. 2 for directing the plaintiff to
supply the complete paper book.
Ld. Counsel for the plaintiff states that the application is
bereft of any averment as to the date on which, summons have been
contd.-/
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received by the defendant no. 2. All the defendants have already been
provided the complete paper book along with the summons. She
further states that it is obligatory upon the defendants to file written
statement within statutory period from the date of service of
summons, as applicable to Commercial cases. She further states that
defendant no. 2 has been served on 11.11.2023, however, without
prejudice to rights and contentions, she undertakes to provide
complete paper book including documents to the defendant no. 2. It is
clarified that it would not extend the statutory period as provided
under law for filing of written statement.
Ld. Counsel for the defendant no. 2 undertakes to file
written statement as per law.
Be listed for appearance of other defendants / further
proceedings on 01.04.2024.
VINEETA GOYAL
District Judge (Commercial Court-03)
PHC / New Delhi / 05.03.2024
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