Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 3
CS (COMM.) 353/24
Pradeep Kumar Chawla
Vs.
D-Twelve Spaces Pvt Ltd
03.12.2024
Present: Shri Kamal Jindal, Counsel for plaintiff with plaintiff in
person.
None for defendants.
Case was listed on 11.11.2024 when the Presiding Officer
had gone to attend Eniornment Awareness & Wellness Retreat at
Varanasi & Sarnath, U.P and hence it was adjourned for today.
The summons of both defendants were received back served
with the report that when process server visited their address on
18.09.2024 it was found locked and it was told to him that both
defendants were running office in the premises No.301 and
thereafter he visited that premises and met a person namely Shri
Pawan Kumar Jain who is CA and he took delivery of the summons.
Despite service on 18.09.2024 no one was persent for
defendants on the last date i.e. 11.11.2024. Same is situation today.
WS has not been filed despite elapse of 77 days from the date of
service of defendants. So, both defendants are proceeded ex-parte
and their right to file WS is closed.
The plaintiff has moved two applications. First is U/o 6 Rule
17 CPC and Second U/o 38 Rule 5 CPC.
Counsel for plaintiff argued on his application U/o 6 Rule 17
CPC that his client came to know on 26.10.2024 that defendants
were damaging the suit property and that’s why the plaintiff sent
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What’sApp message to the mobile phone number 9871170054 of the
official of the defendants and requested him to repair the damages
but they flatly refused. Thereafter the property was got inspected by
the plaintiff from an authorised civil engineer who reported that he
shall have to spend at least Rs.10-11 lakhs for the repair. He further
submitted that the said action of the defendants took place during
the pendency of the case and to prevent multiplicity of the
proceedings, he wants to claim additional relief of damages.
The application is supported by inspection report of the
engineer dated 28.11.2024. Moreover, the defendants have still not
appeared despite service. The case is at the initial stage. Hence, the
application U/o 6 Rule 17 CPC is allowed. Amended plaint filed.
The matter is now adjourned for ex-parte P.E and arguments
on application U/o 38 Rule 5 CPC on 06.02.2025.
( Umed Singh Grewal )
District Judge (Commercial)-02
North District, Rohini Courts,
Delhi/03.12.2024
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