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DELHI HIGH COURT
AMIT BANSAL
P&M Movies Private Limited – Appellant
Versus
Sapna @ Sapna Choudhary – Respondent
| Table of Content |
|---|
| 1. details of suit and service of summons. (Para 3 , 4 , 5) |
| 2. court's classification of suit type. (Para 6) |
| 3. arguments regarding service requirements. (Para 7 , 8) |
| 4. court's analysis on default and service. (Para 9 , 10 , 11) |
| 5. final decision and order on proceedings. (Para 12 , 13) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Amit Bansal, J. (Oral)
CMs No. 40105/2021 & 40106/2021 (both for exemption)
1. Allowed, subject to all just exceptions.
2. The applications are disposed of.
CM(M) 1007/2021 & CM No. 40104/2021 (for stay)
3. The present petition under Article 227 of the Constitution of India impugns the (i) order dated 27th March, 2021 passed by the District Judge (Commercial Court)-03 (Central), Tis Hazari Courts, Delhi; and, (ii) orders dated 3rd August, 2021, 7th September, 2021, and 4th October, 2021 passed by the ADJ-3 (Central), Tis Hazari Courts, Delhi in CS (Comm) No.102/2021.
4. It is submitted on behalf of the counsel for the petitioner that the suit from which the present petition arises was filed under Order XXXVII of the CPC and as a Commercial Suit in terms of the COMMERCIAL COURTS ACT , 2015. Summons were issued in the suit in Form No.4 to Appendix B
The prescribed format of summons for a suit filed under Order XXXVII remains the same, whether the suit is filed as a Commercial Suit or an Ordinary Suit, and the defendant's failure to enter appeara....
The Court affirmed the necessity of proper service of summons and held that the failure to demonstrate adequate service justified the trial court's decision to issue fresh summons.
Transfer of suits from ordinary to commercial divisions does not necessitate formal service of summons if the defendant has appeared and engaged counsel.
Entering appearance in interlocutory applications constitutes sufficient notice, negating claims of non-service of summons in summary suits.
Against an order dismissing an application for condonation of delay in filing the written statement, neither an appeal nor revision petition under Section 115 of the CPC lies.
A petition under Article 227 of the Constitution of India is maintainable against non-appealable orders of Commercial Courts despite restrictions in the Commercial Courts Act, preserving the High Cou....
The principle of deemed service and the requirement for sufficient cause in delay condonation applications are crucial in determining the validity of service of summons and the acceptance of delay co....
The appearance of an Advocate and filing of a Vakalatnama by him could not dispense with the requirement of service of summons. The time to file written statement commences only after service of the ....
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