Delhi High Court - Orders
Nec Corporation India Private Limited ... vs M/S Plus 91 Security Solutions & Ors on 17 February, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 656/2022 and IA Nos.2808/2023, 3198/2023
NEC CORPORATION INDIA PRIVATE LIMITED (ERSTWHILE
NEC TECHNOLOGIES INDIA PRIVATE LIMITED)
..... Plaintiff
Through: Mr. Ramesh Singh, Sr. Adv. along
with Ms. Sadhika Gulati and Mr.
Rajarshi Roy, Advs.
versus
M/S PLUS 91 SECURITY SOLUTIONS & ORS. ..... Defendants
Through: Mr. Rakesh Kr. Ojha and Mr. Upinder
Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 17.02.2023 O.A. 13/2023
1. The present appeal has been filed by the plaintiff against the order dated 24.01.2023, which reads as under:
"The Summons for Judgments issued to defendant no.1 to 3, received back un-served with the report that "No such Firm/person at the given address".
It is pointed out by learned counsel for the plaintiff that the defendants have not filed any separate Memo of Parties and only disclosed the addresses of the defendants for the purpose of service in the application filed by the defendants bearing IA No.20806/2022 under Order XXXVII Rule 3(1) CPC for entering appearance. It is further submits by learned counsel for the plaintiff that the plaintiff has got service effected on the addresses of the defendants as disclosed by the defendants in the aforesaid IA, as per law.
Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:21.02.2023 15:53:20At this stage, it is stated by the learned counsel for the defendants that Summons for Judgement have already been served upon Ms. Kritika Khanna, Adv. (Mob.8800739098, Email: [email protected]), learned counsel for the defendants on 18.01.2023 and she seeks sometime to file Leave to Defend.
It be noted that the aforesaid IA No.20806/2022 disclosing addresses of the defendants is also supported by Affidavits of defendant no.2&3 but still the defendants have furnished on record their incorrect addresses. So, the learned counsel for the defendants is directed to place on record the present and correct addresses of the defendants duly supported with the Affidavits of all the defendants, within a week alongwith proper Memo of Parties. The said details be also supported with relevant documents. The defendants are directed to file Leave to Defend within ten days from service with copy to opposite side and Reply to Leave to Defend be thereafter filed by the plaintiff within two weeks followed by the rejoinder by the defendants within two weeks.
Re-notify the mater for completion of pleadings/further proceedings on 28.02.2023."
2. Learned senior counsel for the plaintiff submits that the directions contained in the aforesaid order, in terms of which the defendants were directed to place on record their "present and correct address" were uncalled for, inasmuch as the defendants had already furnished their address in the application under Order XXXVII Rule 3(1) CPC. Moreover, summons for judgment were served upon the counsel for the defendants on 18.01.2023 and, therefore, the time period for filing leave to defend had already begun to run.
3. Learned counsel for the defendants, who appears on advance notice submits that the leave to defend application has, in fact, been filed by the defendants on 28.01.2023.
4. In view of the fact that the leave to defend application is stated to have been filed on 28.01.2023, the controversy regarding service on the defendants does not survive. As such, the impugned order does not call for Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:21.02.2023 15:53:20 any interference.
5. The plaintiff would be at liberty to raise appropriate contentions, if any, regarding the contents of I.A. 20806/2022 whereby addresses were furnished by the defendants and/or contention as to whether the leave to defend application has been filed within time. It is made clear that this Court has not expressed any opinion with regard thereto.
6. The present appeal stands disposed of.
CS(COMM) 656/2022
7. List before the concerned Joint Registrar (Judicial) for further proceedings on 28.02.2023, the date already fixed.
SACHIN DATTA, J FEBRUARY 17, 2023/cl Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:21.02.2023 15:53:20