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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Argha Chatterjee – Appellant
Versus
State Bank Of India – Respondent
| Table of Content |
|---|
| 1. ex parte judgment based on claimed service. (Para 1 , 2 , 4) |
| 2. appellant's arguments against service and ex parte judgment. (Para 3 , 5) |
| 3. concurrence on service facts by both courts. (Para 6 , 10 , 11) |
| 4. limitation computations for filing appeals established. (Para 12 , 16 , 19) |
| 5. condonation of delay denied due to substantial lapse. (Para 20 , 21) |
JUDGMENT :
C. HARI SHANKAR, J.
1. CS (COMM) 517/2020, instituted by Respondent 1, the State Bank of India, against the appellant and Respondent 2 for Rs.17,91,443/-, came to be decreed by the learned Commercial Court by judgment and decree dated 15 April 2023. The judgment and decree were passed after proceeding against the appellant, who was Defendant 1, ex parte, noting the fact that the appellant had been served by email as well as WhatsApp and had failed to enter appearance on 25 November 2020.
2. The appellant preferred an application before the learned Commercial Court under Order IX Rule 13 of the Code of Civil Procedure, 1908, [“CPC” hereinafter,] for setting aside the aforenoted ex parte judgment and decree. It was specifically contended, by the appellant, in the said application, that the appellant had never bee
Service of summons via email and WhatsApp is deemed valid under the Code of Civil Procedure when proof exists, and delay due to negligence in responding to litigation cannot be condoned in commercial....
Tribunal lacks jurisdiction to condone delay in appeal beyond 15 days under Section 61(2) of the IBC.
Actual service of summons by registered post acknowledgment due is valid, even if defendants reside outside jurisdiction, and non-compliance with procedural rules does not equate to no service.
Order V Rule 19 of CPC, mandates that before declaring fact that summons have been duly served, it was obligatory for this Court to examine Process Server, on oath, as requisite affidavit has not bee....
The Trial Court's decision in favor of the plaintiffs/respondent Nos. 1 and 2 and against the appellant without ensuring notice to the appellant and/or his counsel had been effected was in violation ....
The main legal point established in the judgment is that the pursuit of legal remedies must be bona fide, and dilatory tactics may lead to the denial of delay condonation.
If summons issued on the correct address have not been returned, the presumption is that the summons has been received by the addressee.
An ex-parte decree can only be set aside if the defendant proves that summons was not duly served or that there was sufficient cause for their absence. The burden of proof lies with the defendant to ....
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