Order 2

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.222/2024
Mukul Gupta Maketing Pvt. Ltd. Vs. Amit Malhotra
15.04.2024
Present: Ms. Monica Goel and Ms. Kajal Pal, Ld. Counsels for plaintiff
alongwith AR of plaintiff in person.
Purported text issued by Century Pulp and Paper filed at page 6 qua
which AR of the plaintiff has filed an affidavit under Order 11 rule 6 CPC even
though during the course of hearing it is conceded that this document was neither
issued by the plaintiff company nor received electronically. It is conceded that it
was received through post.
Certain documents are shown to have been received through
whatsapp. Neither receiver’s nor sender’s address is disclosed in the affidavit. The
documents sought to be placed on record are not shown to be printouts and are
rather mentioned to be photocopies. No list of documents of two additional
documents filed.
An application under Section 151 CPC has been filed for placing
certain documents on record. The same is not as per format prescribed for
Commercial Suits.
Subject to correcting the application and placing list of
documents 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.
Steps be taken within one week.
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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 completion of pleadings/framing of issues on 16.05.2024.
Next date of hearing is given as per convenience of parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/15.04.2024
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