Order 13

Order Details: COPY OF ORDER
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CS Comm 554/24
Gaurav Gupta Vs. Khetrapal Kiran Prop of M/s Dynamic Print Graflix
19.09.2025
Present:- Sh. Naman Gari, Ld counsel for Plaintiff (Through VC).
None for defendant.
Earlier the matter was fixed for 18.09.2025 and also for service of summons
to the defendant, as earlier the summons sent to the defendant on her address of Noida
through speed post and registred post were received with the report ‘unserved’ but for
18.09.2025, plaintiff failed to file fresh address and also failed to take steps, so the
summons could not be issued. In the meantime on 29.08.2025, the Ld proxy counsel for
plaintiff had filed an application U/o V Rule 20 r/w Section 151 CPC. Same was ordered
to be put up with the file on date already fixed i.e. 18.09.2025 but yesterday, I had to go
to attend a conference in post lunch session in Hon’ble Supreme Court of India so the
said application was ordered to be listed for today for consideration.
Today Ld counsel for plaintiff has appeared through VC and pressed the
said application U/o V Rule 20 r/w Seciton 151 CPC. This court has perused the record.
Perusal of record reveals that earlier the plaintiff had filed the copy of adhaar card of
husband of the defendant along with the fresh address of the defendant. The summons
sent to the defendant through Nazarat Branch on said address of Noida were not
received back whereas summons sent to the defendant through post on her address of
Noida were received back with report ‘unserved’. This court has seen those envelopes of
speed post and registered post vide which the summons were sent to the defendant on
her address of Noida but this Court finds that Sector number was not mentioned on those
envelopes, so the defendant could not be serverd on her address of Noida and on putting
court query to Ld counsel for plaintiff, he has submitted that address on the envelopes
were written by his Clerk where the sector number was omitted. This court is of the
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considered opinion that application U/o V Rule 20 r/w Section 151 CPC is devoid of
merits and is hereby dismissed.
Plaintiff is directed to take steps for service of summons to the defendant
through all modes, within 03 days from today and on taking of steps by the plaintiff, the
summons are ordered to be issued to the defendant on her address of Noida as
mentioned in the adhaar card of husband of the defendant with the direction to the
defendant to file Written Statement, Statement of Truth and affidavit of admission/denial
of documents within 30 days from the date of her service of summons.
The summons to be defendant is also ordered to be served through the
Office of District and Session Jugde, Gautam Budh Nagar. Dasti summons are also
ordered to be given to plaintiff. Summons to be issued to defendant, are returnable on
20.11.2025.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/19.09.2025
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