Direction order in a suit confirming service of writs of summons on all defendants, treating unclaimed articles as good service per prior court order, accepting waiver of service for one defendant, and directing written statements within stipulated time.
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Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 09th August, 2024
FOR DIRECTION :
7 S/169/2024 ) with ) connected matter ) ) ) ) ) )
Ms. Shriya Raychaudhari a/w. Pranali Vyas i/b. Khaitan and Company, Advocate for the plaintiff.
Ms. Mrudula Dixit a/w. Mr. Akash Manwani and Ms. Aakruti Jayendran I/b. AZB and Partners, Advocate for defendant nos. 1 and 3.
) P.C.: Perused Affidavit of Service dated 30.07.2024, ) filed on 31.07.2024 and remarks given by the ) Master (Adm.), Suit Board Department. It ) shows service of Writ of Summons upon ) defendant no. 3 through R.P.A.D on ) 03.06.2024; whereas, articles, containing Writ ) of Summons addressed to defendant nos. 1, 2 ) and 4 have been unclaimed by the respective ) defendants, as aforesaid, on 10.06.2024. ) ) In view of Order dated 07.12.2022 passed by ) the Hon’ble Court in Suit No. 168/2022 ) (Forest Realty Vs. Taksha Spaces Pvt. Ltd. & ) Ors.), “Unclaimed” is a good service. In view ) thereof, I am satisfied that defendant nos. 1, 2 ) and 4 have duly been served with Writ of ) Summons in the present suit. ) ) Ld. Advocates appearing for defendant nos. 1 ) and 3 made a statement that defendant no. 1 ) resides abroad and service of Writ of Summons ) is not effected upon him, however, they waive ) service of Writ of Summons upon defendant ) no. 1. Statement is accepted. ) ) Ld. Advocate for defendant nos. 1 and 3 ) submits that she has not received true copy of ) plaint for and on behalf of defendant no. 1, to ) which ld. Advocate for the plaintiff undertakes ) to serve true copy of plaint upon ld. Advocate ) for defendant no. 1 within a week. ) Undertaking is accepted.
2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 09th August, 2024
contd…. ) Once defendant no. 1 receives copy of plaint, S/169/2024 ) defendant no. 1 to file written statement with ) within stipulated time as provided under connected matter ) Order VIII Rule 1 of C.P.C., failing suit against ) defendant no. 1 will be transferred to the list ) of Undefended Suits. ) ) Defendant nos. 2 to 4 file written statement ) within stipulated period as provided under ) Order VIII Rule 1 of C.P.C., failing suit against ) these defendants will be transferred to the list ) of Undefended Suits. ) ) Stand over to 27.09.2024. )
Date : 09.08.2024
Prothonotary and Senior Master
Colour shows how this judgement treated each authority
Forest Realty Vs. Taksha Spaces Pvt. Ltd. & Ors.Relied on¶6
Suit No. 168/2022
1 provisions across 1 enactments
Sachin B. Bhansali
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
