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Delhi High Court - Orders

Walmart Apollo Llc vs New Wallmart Hanging Systems & Anr on 11 April, 2023

Author: C.Hari Shankar

Bench: C.Hari Shankar

                $~20 (Original)
                *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                +        CS(COMM) 764/2022
                         WALMART APOLLO LLC                   ..... Plaintiff
                                    Through: Ms. Anuradha Salhotra and Mr.
                                    Zeeshan Khan, Advs.

                                            versus

                         NEW WALLMART HANGING
                         SYSTEMS & ANR.                 ..... Defendants
                                      Through: None
                         CORAM:
                         HON'BLE MR. JUSTICE C.HARI SHANKAR
                                            ORDER

% 11.04.2023 I.A. 18027/2022(Order XXXIX Rules 1 and 2 of the CPC) and I.A. 22347/2022 (Order XXVI Rules 9 of the CPC) in CS(COMM) 764/2022

1. On 27th March 2023, this Court directed Mr. Prem Pal Singh and Mr. Ashok Singh, partners of Defendant 1 to be personally present before the Court today. Dasti service of the order was also directed apart from all other modes of service. An affidavit of service has been filed by the plaintiff, in which it is stated that personal dasti service could not be effected on Mr. Prem Pal Singh and Mr. Ashok Singh as they were not available at the premises, indicated in the memo of parties, which is Shop No. 2, Behind B-29, UK - I, Ecotech - III, Greater Noida, Uttar Pradesh - 201 306.

2. Ms. Salhotra submits that, however, notice for hearing fixed for today, as well as a gist of the order passed by this Court was communicated to Mr. Prem Pal Singh and Mr. Ashok Singh by whatsapp as well as email.

Signature Not Verified Copies of the said email and the whatsapp Digitally Signed CS(COMM) 764/2022 Page 1 of 2 By:KAMLA RAWAT Signing Date:12.04.2023 12:05:03

communication, which has two blue ticks, indicating that the whatsapp has been read, have also been placed on record.

3. In the circumstances, this Court directs the SHO, P.S. Ecotech III, Greater Noida to verify the whereabouts of Defendant 1 and to place a report in that regard on record before the next date of hearing.

4. Renotify on 15th May 2023.

C.HARI SHANKAR, J APRIL 11, 2023 rb Signature Not Verified Digitally Signed CS(COMM) 764/2022 Page 2 of 2 By:KAMLA RAWAT Signing Date:12.04.2023 12:05:03