Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
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CS (COMM.)/309/2023
DLNW010037702023
CENTRAL BANK OF INDIA
Vs.
SHRI KULDEEP DABAS (SINGH) AND ANR.
12.07.2025
Present: Sh. Tushar Mishra, Ld. Counsel for plaintiff.
Sh. Anil Kumar, Ld. counsel for defendant no.1.
(
Through VC)
None for defendant no.2.
Perusal of record reveals that vide order dated
06.09.2024, plaintiff was directed to provide complete paper-
book to defendant for the purpose of filing WS.
Written Statement has been filed on behalf of
defendant no.1 on 05.10.2024. Copy be supplied.
WS is deficient with Statement of Truth, Affidavit of
Admission/Denial of documents and Signature on every page of
WS, which are required as per Commercial Courts Act, 2015. Let
the deficiencies be rectified by Ld. Counsel for the defendant
within two weeks with advance copy to be supplied to the other
side.
On supply of Written Statement with annexures,
Replication, if any, be filed within stipulated period with advance
copies to be supplied to the other party.
As regards defendant no.2, has been duly served on
05.08.2024.
In view of the binding judgment of Hon’ble
Supreme Court of India, passed in Civil Appeal No.1638/2019, in
case titled
‘M/s. SCG Contracts India Pvt. Ltd. Vs. K.S.
Chamankar Infrasructure Pvt. Ld. & Ors., vide orders dated
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12.02.2019, even the extended period for filing Written
Statement can not be beyond 120 days from the date of effective
service of the defendant no.2. Requisite period has been lapsed
and no Written Statement has been filed on behalf of defendant
no.2.
Accordingly, defence of the defendant no.2 is hereby
struck off, by operation of Law.
Case to come up for consideration / further
proceedings on 20.11.2025.
( Preeti Agrawal Gupta )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
12.07.2025
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