Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21 EX CIVIL 177/26
M S MFC CARGO LOGISTICS PVT LTD THROUGH ITS
DIRECTOR SH NRIPENDRA KUMAR THAKUR Vs. SH
MANOJ
YADAV
17.07.2026
Present : Sh. Sunil Kumar, Ld. Counsel for DH.
Sh. Javir, Ld. Counsel for JD with JD.
Notice issued to JD received back unserved.
JD has filed application u/o 9 rule 13 CPC. Copy
supplied.
In the affidavit filed alongwith application, address
of JD is same as mentioned in the memo of parties of execution
petition. The Court has made enquiry from JD, who has
confirmed his address mentioned in the affidavit as well as the
memo of parties in the execution petition to be correct.
Let copy of this order be put up before In-charge
Nazarat Branch with the direction to seek explanation from the
process server and to file the same in Court on NDOH regarding
non service of notice to JD.
Application u/o 9 rule 13 CPC is taken up for
hearing as Ld. Counsel for DH has submitted that he is ready to
argue without filing reply.
Heard. Record perused.
Though, there is no reasonableness in the
submissions advanced on behalf of JD/applicant and there is no
corroboration to the facts made on behalf of JD/applicant, in the
interest of justice and for giving one opportunity to JD/applicant
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to contest application on merit. Application is allowed subject to
Rs.5,000/- to be paid by JD to DH.
Application stands disposed of and suit is restored to
its original no.
Let copy of this order be put up in main file.
Let the main file be taken up on 10.09.2026.
The present execution petition and miscellaneous
application u/o 9 rule 13 CPC are disposed of accordingly.
Both files be consigned to Record Room after due
compliance.
(Mayank Mittal)
SCJ-cum-RC, North-West,
Rohini Courts, Delhi/17.07.2026(m)
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