Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 CS SCJ 1236/24 M/S M.F.C. CARGO LOGISTICS PVT
LTD Vs. MANOJ YADAV
30.04.2026
Present: Sh. Sunil Kumar, Ld. Counsel for plaintiff.
None for the defendant.
Matter is passed over for 11:30 AM for appearance
of defendant/Ld. Counsel for defendant for arguments on leave to
defend application.
(Mayank Mittal)
SCJ-cum-RC, North-West,
Rohini Courts, Delhi/30.04.2026
At 11:30 AM
Present : Same as above.
Matter is passed over for 12:00 Noon.
(Mayank Mittal)
SCJ-cum-RC, North-West,
Rohini Courts, Delhi/30.04.2026
At 12:00 Noon
Present : Same as above.
As no one on behalf of defendant has appeared, the
matter is fixed for order on application seeking condonation of
delay and on the point whether the suit should be decreed u/o 37
rule 3 CPC at 04:00 PM today.
(Mayank Mittal)
SCJ-cum-RC, North-West,
Rohini Courts, Delhi/30.04.2026
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At 04:00 PM
Present : None.
Matter is fixed today for passing order on
consideration whether the suit of plaintiff should be decreed as
defendant has not filed appearance within time stipulated by law.
The perusal of record shows that the present suit u/o
37 for recovery of Rs. 2,72,000/- (on the basis of a cheque of
Rs.2,72,000/- dated 05.12.2023) was filed by plaintiff against
defendant on 13.09.2024. The summon was served to the
defendant by way of affixation on 10.02.2025 and at second
address on 15.01.2025. An application u/o 37 rule 7 CPC r/w 151
CPC as well as application u/o 37 rule 3 CPC r/w 151 CPC was
filed on behalf of defendant on 24.03.2025. Ld. Counsel for
defendant has appeared on 01.04.2025 and it submitted that he
had supplied the copy of these applications to Ld. Counsel for
plaintiff. After the date of hearing on 01.04.2025, none on behalf
of defendant has appeared for making submissions on the
application for condonation of delay in filing the appearance. In
view of non-prosecution of application filed on behalf of
defendant for condonation of delay, the application u/o 37 rule 7
CPC is dismissed for non-prosecution.
The perusal of record shows that in the present suit
under Order 37 CPC, summons were duly served upon the
defendant by way of affixation on 10.02.2025. Defendant was
required to file his appearance within 10 days, however as per
judicial record, the appearance was filed on behalf of defendant
on 24.03.2025 with the application for condonation of delay. The
application for condonation has been dismissed above for
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non-prosecution. In these circumstances, the contents/allegations
in the plaint are deemed to be admitted under Order 37 Rule 2 (3)
CPC as appearance was not filed in time and suit of the plaintiff
is decreed for a sum of Rs. 2,72,000/- (Rupees Two Lakhs
Seventy Two Thousand Only) along with interest at the rate of 9
% per annum from the date of filing of present suit till actual
recovery. Plaintiff is further entitled to cost of suit.
Decree sheet be prepared accordingly. File be
consigned to Record Room after due compliance.
(Mayank Mittal)
SCJ-cum-RC, North-West,
Rohini Courts, Delhi/30.04.2026(u)
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