Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 224/23
SNEHA ENTERPRISES Vs. IMPEX INDIA
20.09.2023
Present: Ld. Counsel Mr. Ashutosh for Plaintiff.
Ld. Counsel Mr. S.S. Bhatia for defendant through
VC.
Heard. Perused.
Summons u/o XXXVII CPC has been served upon
the defendant through e-mode on 08.06.2023 and application u/o
XXXVII rule 3 (1) of CPC for appearance on behalf of defendant
was moved on 09.06.2023, which is within stipulated time
period.
An application for leave to defend was moved on
03.08.2023 on behalf of defendant. However, in this present
matter neither any application for issuance of summons for
judgment has been filed on behalf of plaintiff nor summons for
judgment issued to the defendant.
In view of it, plaintiff is directed to move
appropriate application for issuance of summons for judgment.
Thereafter, fresh summons for Judgment be issued in the
prescribed proforma to the defendant/defendants by all
authorised modes i.e. physical modes as well as digital modes
such as process server, Registered AD, speed post, Authorised
Courier, fax, E-mail ID, whatsapp and any other authorised mode
as laid down in CPC.
Step be taken within 3 days from the date of the
order. In case of refusal, premises found locked, non availability
of defendant/defendants, summons be affixed.
Tracking report as well as affidavit be filed on or
before NDOH, in respect of service through India Post
Department, courier, etc.
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Affidavit also be filed by plaintiff in respect of
veracity of E-mail ID and cell phone number of
defendant/defendants as per the directions of Hon'ble High Court
in case summons have been issued through digital modes also.
Put up on 31.10.2023 for leave to defend on
behalf of Defendant / Defendants within time as stipulated in
CPC. Last opportunity is given to the Plaintiff also.
(Deepika Singh)
Senior Civil Judge-cum RC (N/W)/20.09.2023
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