Order 19

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 CS (COMM) 554/24
Gaurav Gupta Vs. Kiran, proprietor of M/s Dynamic Print Grafix
06.06.2026
Present: Sh. Manu Garg, Ld. counsel for plaintiff.
None for the defendant. (Defendant is already ex-parte).
The matter is fixed for consideration on the two applications
filed by the plaintiff under order 16 Rule 6 and 7 r/w Section 151 of CPC
on dated 21.04.2026 for summoning the official from the GST department
and another application for summoning the witness from the concerned
bank official from the HDFC Bank alongwith the record filed in this court.
But, today, Ld. counsel for plaintiff has appeared in the court and sought
permission to withdraw one application vide which the plaintiff has sought
to summon official from the GST Department, in view of some clerical
mistakes therein. In view of the statement of Ld. counsel for plaintiff,
recorded today in the court, the application filed under order 16 Rule 6
and 7 r/w Section 151of CPC is dismissed as withdrawn for summoning
the concerned official from GST Department. The plaintiff will be at
liberty to file afresh similar appplication.
The matter is also fixed for another application for
summoning the witness i.e. the concerned bank official from the HDFC
Bank Branch Bawana, Sector-5, J Block, Vardhman Plaza, Bawana
Industrial Area, New Delhi-110039 alongwith the record relating to the
bank account details of which are mentioned in the said application filed
in this court 21.04.2026 and the Ld. counsel for plaintiff has submitted
that the plaintiff is desirous to prove the part payments done by the
defendant in the said accouont of the plaintiff, so, the concerned official
from the HDFC Bank alongwith the records details of which are
mentioned in the said application may be ordered to be summoned. He has
also submitted that the diet money to the said witness will be paid by the
plaintiff on the putting of apppearnce of the said witness in the court.
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Having heard to the Ld. Counsel for the plaintiff on this application.
This court also perused the record. The perusal of the record reveals that
the defendant is already exparte in the present matter. Since, the plaintiff is
desirous to prove the part payments allegedly done by the defendant to the
plaintiff, so, this application under order 16 rule 6 and 7 r/w Section 15
1of CPC for summoning the witness from the concerned bank official
from the HDFC Bank Branch Bawana, Sector-5, J Block, Vardhman Plaza,
Bawana Industrial Area, New Delhi-110039, is allowed to be summoned
alongwith the record, details of which are mentioned in the said
application. Diet money to the witness is directed to be paid by the
plaintiff to the witness on putting of appearance of the witness in the court.
In the above said terms, the said application stands disposed off. The
plaintiff is also directed to file copy of this application alongwith the
process fees, so that, the same may be sent to the witness, who may
produce the complete record details of which are mentioned in the said
application. Accordingly, matter stands adjourned for exparte evidence of
the plaintiff. To come up on 13.08.2026.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/06.06.2026
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