Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: -1-
CS (COMM) 121/23
Ashok Nischal Vs. Jitender Singh
22.11.2023
Present: Sh. Rahul Chaudhary, Ld. Counsel for plaintiff with
plaintiff.
Ld. Counsel for plaintiff has filed list of documents
alongwith certified copy of order dated 03.08.2023, whereby the
Civil Suit no.94/22, which was filed on behalf of plaintiff, was
returned for filing the same before the appropriate court having
jurisdiction. Plaintiff has also filed original Lease Deed. Be taken
on record.
Plaintiff has filed the present suit for recovery of
possession, injunction, arrears of rent as well as recovery of use
and occupation charges/damages/mesne profits on the basis of
Lease Deed, which falls within the definition of Commercial
Dispute as defined u/s 2 (1) (c) of the Commercial Courts Act,
2015.
Heard. Record perused. Let summons for settlement
of issues as well as notice of an application under Order XXXIX
Rule 1 & 2 r/w Section 151 CPC be issued against defendants on
filing of PF, Speed Post as well as through approved courier for
next date of hearing. Steps be taken within a week.
It be noted on the summons that defendants are
required to file written statement within 30 days of the service of
summons and further extension of time in filing the written
statement can only be granted after sufficient reasons are shown
and that too subject to payment of cost as may be considered
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appropriate by the Court. However, in any case, time would not
be extended beyond a period of 120 days.
A copy of this order be sent alongwith the summons
also to the defendants as per rules.
Put up on 19.12.2023.
(Sanjeev Kumar Malhotra)
District Judge (Commercial Court)
North-East, KKD Courts, Delhi
22.11.2023
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