Order 3

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 48/24
BANK OF INDIA
VS.
KAVITA GHAI
22.03.2024
Present: Sh. Deokant Tripathi, Ld. Counsel for plaintiff.
None for the defendant.
An application under Order XI Rule 5 of Commercial Courts Act
2015 read with Section 151 CPC for taking on record additional documents
filed. It is stated by the counsel that wrong provision has been mentioned in
the application under Order XI Rule 5 of Commercial Courts Act 2015 and the
application be considered under Order XI Rule 1 (5) CPC. It is stated in the
application that at the time of filing the suit inadvertently, due to oversight
some documents was not filed, however, the same were mentioned in the list
of documents.
It is stated by ld. counsel for plaintiff that list of documents
earlier was also filed and the documents was mentioned in the list of
documents, but, the documents could not be filed.
The plaintiff has filed the fresh list of documents including the
earlier documents as well as the documents for which the plaintiff is seeking
leave of court, to be taken on record. The defendant has yet not been served.
No prejudice would be caused to the defendant if the application is allowed
and therefore, in the interest of justice, application under Order XI Rule 1 (5)
CPC is allowed and disposed off accordingly.
-- 1 of 2 --
The fresh list of documents and copy of documents are taken on
record.
Issue summons of the suit against defendant on PF, RC,
authorized courier/speed post as well as through email and Whatsapp
messenger on furnishing the particulars thereof along with an affidavit with
regard to correctness of email Id and whatsapp number of defendant with
directions to file the written statement along with documents and affidavit of
admission/denial of documents of plaintiff within stipulated period of 30 days
of service after supplying advance copy to the plaintiff through counsel.
Replication, if any, along with the affidavit of admission/denial of
documents of defendant be filed within 15 days pursuant to filing written
statement after supplying advance copy to defendant through counsel.
Put up for admission/denial of documents and settlement of
issues on 24.04.2024.
(Kiran Bansal)
District Judge, Commercial Court-02,
Shahdara District, Karkardooma Courts,
Delhi / 22.03.2024
-- 2 of 2 --