Kotak Mahindra Bank ("the Bank", hereinafter) vehemently opposed
the issuance of summons in this suit and submitted that, even without
any pleadings being ... base his oral
prayer for dismissal of the suit without issuance of summons, Mr.
Gupta has placed on record written submissions, along with copies
followed the proper
procedure. Therefore, the order of taking cognizance and
issuance of summons by the trial court is just and proper.
The contention ... order of
taking cognizance of the second supplementary
charge-sheet and issuance of summons to the
respondent Afroz Hasanfatta reads as under:-
"I take
complaint filed by the complainant and the
order for issuance of summons passed by the Trial Court
and the proceedings emanating there from, the accused ... Civil Judge
(Jr.Dn.) and J.M.F.C. Ramanagara, for issuance
of summons in C.C.No.599/2011 against the
accused
does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate ... does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate
does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate ... does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate
Learned senior counsel appearing for the petitioners
has argued that the issuance of Summons by the learned Trial
Court to the petitioners is not sustainable ... been made by the
learned senior counsel that as the issuance of Summons in the
suit by the learned Trial Court
Learned senior counsel appearing for the petitioners
has argued that the issuance of Summons by the learned Trial
Court to the petitioners is not sustainable ... been made by the
learned senior counsel that as the issuance of Summons in the
suit by the learned Trial Court
Section 26 and 27 deal with
institution of a suit and issuance of summons. They are reproduced below :
26. Institution of suits :
(1) Every suit ... issuance of summons to defendants which reads as
under :
27. Summons to defendants - Where a suit has been duly
instituted, a summons may be issued
they then
stood, provided for issuance of summons indicating the number of days
from the date of summons to present defence. Rule ... seal of
the Tribunal. The DRT Regulations also provide for issuance of summons/
notice under the signature of Registrar and the person who serves
Supreme Court time and again has emphatically held
that even issuance of process / summons, the Magistrate shall have to
apply its judicious mind prima facie ... does not mandate the Magistrate to
explicitly state the reasons for issuance of summons. It clearly
states that if in the opinion of a Magistrate
