Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/711/2023
DLND010108862023
DEVSAI CONSTRUCTION PVT LTD
VS.
INDIABULLS HOSUING FINANCE LIMITED & ANR.
29.10.2024
Present: Sh. R. S. Pawar, Advocate for Plaintiff (through
video conferencing).
Sh. Uttam Kumar, AR of Defendant no. 1 alongwith
Sh. Shashwat Rai Advocate.
None for Defendant no. 2 despite calls.
Heard. File perused.
Record shows that affidavit of service of defendants
for last date of 05.08.2024, has already been filed on behalf of
plaintiff.
As per report of Ahlmad, steps not taken by plaintiff
for service of defendant no. 2 in terms of last order.
Record shows that an application under Order V
Rule 20 r/w Section 151 CPC for substituted service of defendant
no. 2, besides another application under Order XLVII Rule 1 r/w
Section 151 CPC seeking review/modification of order dated
05.08.2024, yet another application under Order I Rule 10 (2) &
(4 ) r/w Section 151 CPC for impleadment of M/s Asset Care and
Reconstruction Enterprises Ltd. as co-defendant, an application
under Order VI Rule 17 CPC alongwith proposed amended
plaint, amended Memo of Parties, reply of application under
Order I Rule 10 r/w Section 151 CPC, moved by defendant no. 1
seeking deletion of its name from the array of defendants, etc.
already filed by plaintiff, are on record.
Contd:-
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Ld. Counsel of plaintiff has assured to supply copy
of aforesaid reply at the provided e-mail address of Ld. Counsel
of defendant no. 1 during the course of the day. Let the needful
be done accordingly.
Issue notice of application under Order I Rule 10
(2) & (4 ) r/w Section 151 CPC and of application under Order
VI Rule 17 CPC to proposed defendant namely M/s Asset Care
and Reconstruction Enterprises Ltd. on taking requisite steps by
plaintiff, for next date.
Steps be taken within two weeks from today.
Considering the submissions made by Ld. Counsel
of plaintiff that settlement talks are going on in this matter, no
order is being passed qua defendant no. 2 for today.
Put up on 28.01.2025 for compliance/ compromise/
further proceedings.
Vidya Prakash
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
29.10.2024(V)
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