Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 374/23 AP SECURITAS PVT. LTD. Vs. ANONDITA
HEALTH CARE PVT. LTD AND ORS
26.04.2025
Present: Ms. Anubhati Tyagi, Ld. Counsel for plaintiff.
Sh. Mukesh Kumar Tiwari and Ms. Reba Jena Mishra, ld.
Counsels for defendant nos. 1 to 5.
Arguments heard on the joint application moved on behalf
of defendant nos.1 to 3 (hereinafter referred as ‘defendants’) seeking
condonation of delay in filing of written statement.
It is relevant to note that defendants in their application
themselves stated that information about the summons addressed to
defendant no.1 came to knowledge of defendant no.2 when staff of
defendants handed over copy of the same, sometime around February/
March, 2024 to defendant no.2 and accordingly, counsel for defendant
no.2 was asked to appear before this court on the next date of hearing.
From the above, it transpires that there is a clear admission
on the part of defendants that defendant no.2 received summons around
February/March, 2024. Therefore, the plea of the defendants that
summons were sent on incorrect address of the defendants appears to be
after thought when defendants have pleaded the same after inspection of
record. More particularly, in the light of the fact that defendants affirmed
that defendant no.2 has received the summons in this matter, it is thus
not open for the defendants to take aforesaid ground. Further, from the
postal receipts, affidavit of service along with supporting tracking report
and certificate under Section 65 B of Indian Evidence Act filed by the
plaintiff, though it is evident that defendant nos.1 and 2 were served on
11.11.2023 and defendant nos.3 to 5 were served on 23.11.2023 but a
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careful scrutiny of affidavit reveals that there is no whisper in the entire
affidavit that copy of the complete paper book including plaint and
documents were sent to the defendants along with summons.
In the given facts and circumstances, in the absence of any cogent
and convincing proof that complete paper book including plaint and
documents were served upon defendants along with summons, the
explanation put-forth by counsel for defendants that defendants have
received complete paper book on 05.03.2024 appears to be plausible.
For the foregoing reasons, joint written statement filed on
behalf of defendants on 01.04.2024 is taken on record, accordingly, the
application is disposed off.
Liberty is given to the plaintiff to file replication within 30
days of receipt of the written statement. Alongwith replication, if any,
filed by the plaintiff, an affidavit of admission/denial of documents of
defendants be filed by the plaintiff, without which, the replication shall
not be taken on record.
If any of the parties wish to seek inspection of any
documents, the same shall be sought and given within the timelines.
List this matter for arguments on pending application under
Order VII Rule 11 CPC of the defendant, completion of pleadings,
marking of exhibits of documents/joint schedule/framing of issues/Case
Management Hearing on 04.06.2025.
VINEETA GOYAL
District Judge (Commercial Court-03)
PHC / New Delhi / 26.04.2025
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