Civil applications

Application under Section 151 CPC for service of summons on defendants through another pending case

Name: Justis AI
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IN THE COURT OF SH. Name of District Judge, LD. DISTRICT JUDGE (COMMERCIAL), DIST. SOUTH-EAST, SAKET COURTS, NEW DELHI

CS (COMM) No. Commercial suit number OF Year of filing of the suit

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 THE 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 is currently fixed for Next date of hearing in suit.

2.That it is respectfully submitted that, despite repeated attempts at service, the Defendants are intentionally and deliberately avoiding service of the summons issued by this Hon'ble Court upon the registered address of the Defendant Company. It is pertinent to note, however, that in another complaint case bearing No. Complaint case number under Section 138 NI Act under Section 138 of the N.I. Act, filed by the Plaintiff against the Defendants before the Court of Sh. Name of the Metropolitan Magistrate in the Section 138 complaint case, Ld. M.M., District and courts complex where the complaint case is pending, wherein the Defendants were duly served with summons at the same registered address of the Defendants, they have appeared regularly in response thereto. The Plaintiff accordingly suspects that the non-service in the present case is the result of deliberate avoidance by the Defendants.

3.In view of the above, the Plaintiff seeks permission of this Hon'ble Court to allow the Plaintiff to serve the summons upon the Defendants through the said complaint case bearing No. Complaint case number under Section 138 NI Act under Section 138 of the N.I. Act, pending before the Court of Sh. Name of the Metropolitan Magistrate in the Section 138 complaint case, Ld. M.M., District and courts complex where the complaint case is pending, wherein the Defendants have already appeared.

4.That it is in the interest of justice that the present application for service of the summons in the aforesaid case be allowed by this Hon'ble Court.

PRAYER :-

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to permit the Plaintiff to effect service of the summons upon the Defendants in the aforesaid case, wherein the Defendants have already appeared, in the interest of justice.

It is prayed accordingly.

DELHIAPPLICANT / PLAINTIFF

THROUGH

DATED: Date of application

ADVOCATES FOR THE APPLICANT / PLAINTIFF

Advocate's name and address

Mobile No.: +91 Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF SH. Name of District Judge, LD. DISTRICT JUDGE (COMMERCIAL), DIST. SOUTH-EAST, SAKET COURTS, NEW DELHI

CS (COMM) No. Commercial suit number OF Year of filing of the suit

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

AFFIDAVIT

Affidavit of Mr. Name of authorised representative, Authorised Representative of M/s. Name of plaintiff company, having its registered office at Registered office address of plaintiff company, do hereby solemnly affirm and state as follows:

1.That I am the Authorised Representative of the Plaintiff Company in the above-noted matter, and I 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, and the same has been read over and understood by me. I state that the contents of the said application 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 of the affidavit on this Date of verification of affidavit that the contents of paragraphs 1 to 3 of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF SH. Name of District Judge, LD. DISTRICT JUDGE (COMMERCIAL), DIST. SOUTH-EAST, SAKET COURTS, NEW DELHI

CS (COMM) No. Commercial suit number OF Year of filing of the suit

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 THE 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 is currently fixed for Next date of hearing in suit.

4.That it is in the interest of justice that the present application for service of the summons in the aforesaid case be allowed by this Hon'ble Court.

PRAYER :-

It is prayed accordingly.

DELHIAPPLICANT / PLAINTIFF

THROUGH

DATED: Date of application

ADVOCATES FOR THE APPLICANT / PLAINTIFF

Advocate's name and address

Mobile No.: +91 Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF SH. Name of District Judge, LD. DISTRICT JUDGE (COMMERCIAL), DIST. SOUTH-EAST, SAKET COURTS, NEW DELHI

CS (COMM) No. Commercial suit number OF Year of filing of the suit

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

AFFIDAVIT

1.That I am the Authorised Representative of the Plaintiff Company in the above-noted matter, and I am competent to depose by way of this affidavit in the aforesaid capacity.

DEPONENT

VERIFICATION :-

DEPONENT

1 / 1

All templates

IN THE COURT OF THE LD. DISTRICT JUDGE (COMMERCIAL COURT), DIST. District name, Court complex name COURTS, DELHI.

C.S. (COMM) NO. Commercial suit number OF 20Last digit of year of suit

IN THE MATTER OF:

Plaintiff company name PVT. LTD.: PLAINTIFF

VERSUS

MR. Defendant's name

Proprietor of M/s. Defendant's firm name Trading Company: DEFENDANT

(P.S. Police station number)

AFFIDAVIT UNDER ORDER XI RULE 6(3) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

I, Deponent's name, Authorised Representative of M/s. Company name of deponent's employer Pvt. Ltd., having its office at Company office address, do hereby solemnly affirm and declare as under:

1.That I am the Authorised Representative of the Plaintiff Company in the above-noted suit and am fully conversant with the facts and circumstances of the case. I am, therefore, competent to swear this affidavit.

Civil applications

Affidavit under Order XI Rule 6(3) Commercial Courts Act read with Section 65B Evidence Act for electronic records

IN THE COURT OF SH. Judge's name

Date of hearingLD. ADJ, SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI.

P.C. NO. P.C. number OF 20Year of P.C. number

IN THE MATTER OF :-

Petitioner's name (part 1) Petitioner's name (part 2): PETITIONER

VERSUS

THE STATE (NCT OF DELHI) & ORS.: RESPONDENTS

N.D.O.H.: Next date of hearing

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT NO. 2 FOR SUMMONING THE WITNESSES AS PER THE LIST OF WITNESSES FILED ON RECORD ON Date of filing the list of witnesses, SO AS TO BRING ON RECORD THE JUDICIAL FILES OF THE CASES REFERRED TO IN THE PRESENT MATTER.

MOST RESPECTFULLY SHOWETH:

1.That the present probate petition is pending before this Hon'ble Court and is now fixed for Next date of hearing for defense evidence.

2.That on Date of filing the list of witnesses, the Applicant / Respondents No. 2 and 3 filed the list of witnesses in support of their defense in the present case, which was taken on record by this Hon'ble Court vide order dated Date of order taking the list of witnesses on record.

Civil applications

Application by respondent for summoning witnesses with judicial records in probate petition

BEFORE THE HON’BLE Designation of judge JUDGE, Court number COURT, Court location

Applicant's name: APPLICANT

APPLICATION ON BEHALF OF THE APPLICANT, NAMELY Mrs. Applicant's name, SEEKING EXEMPTION FROM PERSONAL APPEARANCE.

Mrs. Applicant's name, aged about Applicant's age years, daughter of Applicant's father's name, wife of Applicant's husband's name, resident of Applicant's address – Applicant's PIN code …Applicant

Versus

First respondent's name and Dr. Second respondent's name …Respondents

Filed onDate of filing

Case No.Case number

It is most respectfully submitted to this Hon’ble Court as under:-

1.That the Applicant is the Petitioner No. 1 in the above-mentioned case.

2.That the Applicant is unable to appear before this Hon’ble Court on account of urgent official work. On this account, the Applicant will not be able to appear before this Hon’ble Court today. The Applicant has conveyed the same to her counsel over telephone and has instructed him to move the present application seeking exemption from personal appearance.

Civil applications