ORDER

% 13.02.2024 I.A. 3360/2024 (exemption) Exemption granted, subject to just exceptions.

Let requisite compliances be made within 01 week.

Application stands disposed of.

I.A. 3361/2024 (04 days delay in re-filing)

2. By way of the present application filed under section 5 of the Limitation Act, 1963 read with section 151 of the Code of Civil Procedure 1908 (‘CPC’), the plaintiff seeks condonation of 04 days’ delay in re-filing the present plaint.

3. For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed.

4. The delay in re-filing the present plaint is condoned.

5. CS(COMM) No. 131/2024 is taken on Board.

6. The application stands disposed of.

CS(COMM) 131/2024

7. By way of the present suit filed under Order 37 of the CPC, the plaintiff seeks recovery of about ₹2,78,08,617/- alongwith the interest, as detailed in the plaint.

8. The claim is based on a cheque issued by the defendant, which has been dishonoured. Documents in support of the cheque having been dishonoured on the grounds of insufficiency of funds have been filed alongwith the plaint.

9. A non-starter report dated 30.05.2023, in relation to the pre-litigation mediation attempted between the parties, has also been filed.

10. Upon a prima-facie conspectus of the matter, the suit appears to meet the requirements of Order 37 CPC.

11. Accordingly, let the plaint be registered as a suit.

12. Issue summons for appearance to the defendants as required under Order 37 CPC in Form 4, Appendix-B to the CPC.

13. Upon the plaintiff taking steps within 10 days, let summons be sent to the defendant in the prescribed form by all permissible modes, returnable before the learned Joint Registrar.

14. List before the learned Joint Joint Registrar for further proceedings under Order 37 CPC, on 29th April 2024.

15. List before court thereafter.

ANUP JAIRAM BHAMBHANI, J FEBRUARY 13, 2024 V.Rawat CS(COMM) 131/2024