Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: C.S. (COMM)126/23
Nitin Rastogi Vs. Abhishek Giri
23.12.2023
Present: Sh. Deekshant Kaushik, Ld. Counsel for plaintiffs.
Ld. Counsel for plaintiff has filed the fresh list of
documents. Be taken on record.
Plaintiff has filed the present suit for recovery of
Rs.68,54,224/- under Order XXXVII CPC on the basis of
invoices and number of cheques issued by the defendants.
Perusal of record shows that the plaintiff has filed
the electronic copies of invoices alongwith certified copes of 35
cheques which were issued on same date of 13.03.2023. Ld.
Counsel for plaintiff submits that these original documents have
been filed in 11 complaint cases u/s 138 of NI Act. Heard.
Present case under Order XXXVII CPC is treated as
an ordinary commercial suit for recovery which falls u/s 2 (1) (c)
of the Commercial Courts Act, 2015.
Let summons for settlement of issues be issued
against the defendants on filing of PF, Speed Post, approved
courier as well as through electronic modes i.e. WhatsApp and e-
mail for next date of hearing. Steps be taken within a week.
It be noted on the summons that the defendants is
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
appropriate by the Court. However, in any case, time would not
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be extended beyond a period of 120 days.
A copy of this order be sent alongwith the summons
also to the defendant as per rules.
Put up on 30.01.2024.
(Sanjeev Kumar Malhotra)
District Judge/Commercial Court/
North East/KKD Courts/Delhi
23.12.2023
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