Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 15CS (COMM.)171/24
Mukul Gupta Marketing Pvt Ltd Vs. Ranchit Malhotra
16CS (COMM.)173/24
Mukul Gupta Marketing Pvt Ltd Vs. Sahil Jain
21.03.2024
Present: Ms. Monika Goel, Ld. Counsel for plaintiff.
The discussion has taken place in court with regard to the law laid
down in the judgments :-
1. RFA No.115/2017 and C.M. Nos.3874/2017 &
20062/2018 dated 18th July, 2018 titled as AJAY
SHAW Vs. HDFC LIMITED AND ORS.
2. RFA No.202/2011 dated 23rd January, 2012, titled
as M/S. K&K HEALTH CARE PVT. LTD. Vs. M/S.
PEHACHAN ADVERTISING
And the recent judgment of the Hon'ble Div. Bench in the case
reported as RFA (COMM) 76/2023 & CM Appl. 20581/2023 Modern
Construction Company Delhi Vs. Hitech Enterprises pronounced on
24.08.2023.
The Modern Construction case (supra) has not over ruled the law
laid down in the aforesaid two judgments.
In this view of the matter, the present suit is treated as an ordinary
suit for recovery.
Issue summons in the matter against the defendant on filing of
PF/RC, through all permissible modes, returnable for the next date of hearing.
Steps be taken within 15 days.
Summons be also issued through Ld. District & Sessions Judge
concerned.
List the matter for further consideration on 21.05.2024.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/21.03.2024
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