IN THE COURT OF SH. Designated judge's name, LD. DISTRICT JUDGE (COMMERCIAL), DIST. SOUTH-EAST, SAKET COURTS, NEW DELHI.
CS (COMM) No. Commercial suit number OF 2023
IN THE MATTER OF :-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
D.O.H.: Date of hearing
APPLICATION ON BEHALF OF THE APPLICANT / PLAINTIFF UNDER SECTION 151 OF THE C.P.C. SEEKING SERVICE OF SUMMONS UPON THE DEFENDANTS IN ANOTHER PENDING CASE WHEREIN THEY HAVE APPEARED
MOST RESPECTFULLY SHOWETH :-
1.That the aforesaid commercial recovery suit has been filed by the Plaintiff against the Defendant and is pending before this Hon'ble Court, and the same is fixed for Date of next hearing (day).Date of next hearing (month).Date of next hearing (year).
2.That it is respectfully submitted that, despite repeated attempts at service, the Defendants are intentionally and deliberately avoiding service of summons issued by this Hon'ble Court at the registered address of the Defendant Company. However, in another Complaint Case bearing No. Complaint case number/Complaint case year under Section 138 of the N.I. Act, filed by the Plaintiff against the Defendants before the Ld. M.M., South-East Dist., Saket Courts, New Delhi, the Defendants were duly served with summons at the same registered address and have been appearing regularly. The Plaintiff suspects a deliberate avoidance of service in the present case.
3.In view of the above, the Plaintiff seeks permission of this Hon'ble Court to allow the Plaintiff an opportunity to serve the summons upon the Defendants in the said Complaint Case bearing No. Complaint case number (repeat)/Complaint case year (repeat) under Section 138 of the N.I. Act, pending before the Ld. M.M., South-East Dist., Saket Courts, New Delhi, wherein the Defendants have already appeared.
4.That it would be in the interest of justice if the present application for service of summons in the aforementioned case is allowed.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to permit the Plaintiff to serve the summons upon the Defendants in the aforementioned case, wherein the Defendants have already appeared, in the interest of justice.
It is prayed accordingly.
DELHIAPPLICANT / PLAINTIFF
THROUGH
DATED :-
Date of application
ADVOCATES
Advocate's name,
Advocate's address.
Mobile No. Advocate's mobile number
Email:
IN THE COURT OF SH. Designated judge's name (repeat), LD. DISTRICT JUDGE (COMMERCIAL), DIST. SOUTH-EAST, SAKET COURTS, NEW DELHI.
CS (COMM) No. Commercial suit number OF 2023
IN THE MATTER OF :-
Plaintiff's name (repeat): PLAINTIFF
VERSUS
Defendant's name (repeat): DEFENDANT
AFFIDAVIT
Affidavit of Mr. Deponent's name, AR of M/s. Plaintiff company's name Pvt. Ltd., having its registered office at Company's registered office address, New Delhi, who does hereby solemnly affirm and state as follows :-
1.That I am the AR of the Plaintiff company in the above-noted matter and am competent to depose by way of this affidavit in the aforesaid capacity.
2.That the accompanying application under Section 151 of the C.P.C. has been drafted under my instructions; the same has been read over and understood by me, and I state that its contents are true and correct. The contents of the paragraphs of the application are true on the basis of the records of the Plaintiff and are believed to be correct.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of verification (day) day of Month and year of verification that the contents of paragraphs 1 to 3 of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.
DEPONENT