Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS (COMM.) 272/24
State Bank Of India Vs. Ramavath Bhaman Naik
10.02.2026
Present: Sh.Kunal Malik, Ld. Counsel for plaintiff.
An application under Section 151 CPC for substitution of AR of
plaintiff bank is moved.
Heard. Record perused.
It is submitted that the previous AR Ms. Asha Gupta has been
transferred to the other branch of plaintiff bank and now Sh. Ravinder Kumar,
new Branch Head as stepped in the shoes of previous AR, in view of gazette
notification dated 02.05.1987. It is prayed that the application may kindly be
allowed and AR of plaintiff may kindly be substituted.
In view of submissions, application is allowed and AR of the
plaintiff bank is substituted.
Steps not taken. On the last date of hearing, process was received
back unserved with the report that there is no such person residing at the given
address. However, thereafter the directions for filing of process for fresh service
was given.
Despite opportunity PF not filed. An application for substitute
service on behalf of plaintiff bank is moved. The plaintiff has failed to comply
with the directinos given by the court vide order dated 05.08.2025. Therefore, I
am not inclined to allow the present application under order V Rule 20 CPC and
the same is accordingly dismissed.
Let fresh summons for settlement of issues of the Suit be issued
upon the defendant(s), on filing of PF, speed post & requisite Copies. Summons
to be issued under
Order V Rule 5 CPC 1908 upon the defendant(s) shall display
mandatory endorsement “
defendant should file Written Statement of defense
within 30 days from the date of service/receipt of summons alongwith Statement
of Truth and Affidavit of admission/denial of documents of the plaintiff”, as per
Commercial Courts Act, 201
5.
Steps be taken within two weeks.
Be put up for report on 19.05.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
10.02.2026
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