Order 4 - CS (COMM)/3711/2024 - DLSE010099122024 - Order No: 4

CS (COMM) No. 3711/2024 Trimaster Pvt. Ltd. Vs. Chirukuri Rao Srinivasarao

6. 11. 2024

File taken up today on an application under Order V Rule 20 r/w section 151 CPC filed by Plaintiff for substituted service of Defendant.

Present: Ms. Bharti Garg counsel for Plaintiff.

1. Heard on application of Plaintiff. Record perused.
2. Record shows that Defendant couLd. not be served by way of ordinary mode of service. Summons sent to Defendant has been received back unserved with report 'no such person at the given address' (as noted in order dated 04. 11. 2024) .
3. Plaintiff submits that in spite of best possible efforts, Plaintiff is unable to trace the freSh. address of Defendant.
4. Learned counsel for Plaintiff submits that no other address of Defendant other than the one given in the memo of parties is available with Plaintiff bank. Accordingly, she prays to permit the Plaintiff to serve Defendant by way of substituted mode of service.
5. Considering the aforesaid facts into account, the application in haND filed by Plaintiff is allowed aND Plaintiff is permitted to serve the Defendant by way of substituted mode of service.
6. FreSh. steps for service of Defendant in terms of order dated 25. 09. 2024 be taken by Plaintiff returnable for the date already fixed in the case i. e. on 04. 12. 2024. It is directed that in case Defendant is not fouND available at his given address during usual course of time or his refusal to accept the summons, the Process Server is directed to serve the Defendant by affixing a copy of summons in some conspicuous place in the court house aND also upon some conspicuous part of the house in which Defendant is known to have lastly resided or carried on business or personally worked for gain. The Process Server is further directed to click the photograph at the time of affixation of process aND file the same along with his report.
7. Besides service by way of affixation, Defendant is also directed to be served by way of publication in two national dailies one in EngliSh. aND another in local language circulating in the area, where Defendant lastly resided or carried on business or worked for gain. Necessary steps including deposit of publication charges be taken by Plaintiff within a week. Dasti summons are also allowed.
8. Proof of service be furnished by Plaintiff on or before the next date of hearing.
9. The application filed by Plaintiff under Order 5 Rule 20 r/w section 151 CPC stands allowed aND disposed off accordingly. | Rai | Digitally
   signed by Raj
   Kumar Tripathi | |----------|----------------------------------------------| | Kumar | Date: | | Tripathi | 2024. 11. 06
   15: 47: 14
   +0530 | (Raj Kumar Tripathi) District Judge (Commercial Court-08) SE/Saket/New Delhi/06. 11. 2024 (BR)

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References: Case Number - CS (COMM)/3711/2024 | Case Type - CS (COMM) | CNR Number - DLSE010099122024 | Complex Name - District and Sessions Judge, South-East , Saket | Court Name - 793-sh. Raj Kumar Tripathi-District Judge (commercial Court) -08 | Filing Date - 21-09-2024 | Judge Name - 793-District Judge (Commercial Court) -08 | List Date - 2025-05-05 | Order Date - 2024-11-06 | Order Number - 4 | Petitioner Advocates - Rajesh Kumar | Petitioner Parties - Trimaster Pvt Ltd Advocate - Rajesh Kumar | Respondent Parties - Sri Ayyappa Enterprises | Status - Final Arguments