Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9
CS (COMM.)/9/2024
CNR NO. : DLND010110512023
BANK OF INDIA VS. SURENDER SINGH
21-03-2024
Present : Sh. Pragya Seth, Proxy Counsel for Sh. V. P. Tiwari,
Advocate for plaintiff.
None for defendant, despite calls.
Heard. File perused.
Summons issued to defendant at both addresses
received back unserved with the report that defendant is not
residing in respect of first address and second address is
incomplete. In view thereof, plaintiff is directed to furnish fresh
address, if any, of the defendant.
An application u/s 151 CPC dated 15.01.2024
seeking permission to file Statement of Truth moved by plaintiff,
is on record.
Heard on the aforesaid application. Record perused.
Having considered the submission made on behalf of
the plaintiff and in view of reasons assigned in the application
and overall facts and circumstances of the case, the application is
allowed and disposed off. Accordingly, the Statement of Truth be
taken on record.
Subject to furnishing fresh and complete address of
the defendant, issue fresh summons of suit to defendant by all
permissible modes on taking requisite steps by the plaintiff,
returnable for next date. Steps be taken within 2 weeks.
Process be given dasti, if so requested, and affidavit
of service be placed on the next date.
Written statement has to be filed by the defendant
within 30 days (extendable upto 120 days with the leave of the
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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 for service of defendant on 23-7-2024.
(VIDYA PRAKASH)
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
21-03-2024(r)
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