JUDGMENT :

Tushar Rao Gedela, J. (Oral):—

CM APPL. 18655/2023 (Exemption)

1. This is an application seeking exemption from filing certified copies of the annexures/documents.

2. Exemption is allowed, subject to all just exceptions.

3. The application stands disposed of.

CM(M) 611/2023 & CM APPL. 18912/2023 (Stay)

4. The petitioner challenges the order dated 13.02.2023. passed in CS (Comm) No. 554/2022 titled Anil Kumar Singh v. Nayak Sanitation Private Limited, whereby the application under Order IX Rule 7 of the Civil Procedure Code, 1908 (hereinafter “CPC”) filed on behalf of the petitioner/defendant was dismissed.

5. Mr. Sameer Dewan, learned counsel appearing for the petitioner fairly submits that though the learned Trial Court has correctly held that the summons were sought to be served upon the petitioner on 21.11.2022., which was refused by the employee of the petitioner, the refusal will be taken as service.

6. Learned counsel further submits that at the time of engagement of the counsel, the party had informed that the next date of hearing was 10.01.2023., however, which was entered in his diary as 11.01.2023. erroneously. Learned counsel however submits that when the counsel check