Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/711/2023
DLND010108862023
DEVSAI CONSTRUCTION PVT LTD
VS.
INDIABULLS HOSUING FINANCE LIMITED & ANR.
05.08.2024
Present: Sh. R.S Pawar, Advocate for Plaintiff.
Sh. Jatin Gulia, Advocate for Defendant no. 1
(through video conferencing).
None for Defendant no. 2 despite calls.
Heard. File perused.
As per report of Ahlmad, defendant no. 1 has been
served with the summons of the suit through ordinary mode on
23.04.2024. However, summons issued to defendant no. 2
through ordinary mode received back unserved with report of
Nazarat Branch that he was reported to have left the given
address.
An application under Order I Rule 10 r/w Section
151 CPC seeking deletion of the name of defendant no. 1 namely
Indiabulls alongwith copies of Assignment Agreements dated
31.12.2021 and 29.06.2022 and vakalatnama filed on behalf of
defendant no. 1, are already on record. Copies thereof already
supplied.
Ld. Counsel of plaintiff seeks and is granted four
weeks time for filing written reply, if any, to the aforesaid
application, with advance copy to the opposite side.
In view of aforesaid report on summons issued to
defendant no. 2 for today, the plaintiff is directed to furnish fresh
address, if any, of said defendant within two weeks from today
Contd:-
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and thereafter, issue fresh summons of the suit to the defendant
no. 2 by all permissible modes including
e-mode on taking
requisite steps by the plaintiff returnable for next date of hearing.
Steps be taken within two weeks from the date of
this order.
Plaintiff is directed to file soft copy of entire paper
book in PDF format for the purpose of e-mode service to
defendant no. 2 alongwith PF. Process be given dasti also, if so
requested.
The plaintiff is also directed to file the affidavit of
service on record.
Summons shall indicated that written statement has
to be filed by the defendant no. 2 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 on 29.10.2024 for service of defendant no. 2,
reply, if any, of aforesaid application of defendant no. 1/
arguments on above said application.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
05.08.2024(V)
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