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Application For Passing of Decree - Pankaj Pathak

The document is a court application filed by the plaintiff M/s Dehat Tech India Private Limited against the defendant Sh. Pankaj Pathak. The plaintiff is seeking an ex-parte decree as the defendant failed to appear in court despite being served summons twice and did not file a written statement. The plaintiff argues that the defendant intentionally did not cooperate with the court proceedings.

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54 views3 pages

Application For Passing of Decree - Pankaj Pathak

The document is a court application filed by the plaintiff M/s Dehat Tech India Private Limited against the defendant Sh. Pankaj Pathak. The plaintiff is seeking an ex-parte decree as the defendant failed to appear in court despite being served summons twice and did not file a written statement. The plaintiff argues that the defendant intentionally did not cooperate with the court proceedings.

Uploaded by

Bhumija Phore
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HON’BLE COURT OF MS.

DEEPIKA THAKRAN, CIVIL JUDGE - 02


SOUTH WEST DISTT., DWARKA COURTS, NEW DELHI.

(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURES, 1908)

SUIT NO. CS SCJ 1478 OF 2023

IN THE MATTER OF: -

M/s DEHAT TECH INDIA PRIVATE LIMITED …PLAINTIFF

VERSUS

SH. PANKAJ PATHAK …DEFENDANT

APPLICATION FOR PASSING AN EX-PARTE DECREE IN FAVOUR OF THE PLAINTIFF

AGAINST THE DEFENDANT IN THE ABOVEMENTIONED CASE

MOST RESPECTFULLY SHOWETH:

1. That the present suit was filed by the Plaintiff on 21/11/2023 and the last date of

hearing was 15/02/2024 before this Hon’ble Court.

2. That this Hon'ble Court admitted the present suit and accordingly the Ld. Court

issued summons upon the Defendant within the due course of time. It is pertinent to

mention herein the summons were issued by the Hon’ble Court were duly delivered

and served to the Defendant via Registered Post dated 02/12/2023. However,

despite of delivery and service of the summons upon the Defendant, the defendant

intentionally, deliberately and consciously choose not to appear before the court in

order to delay the hearing and cause great inconvenience to the plaintiff. That the

defendant even after delivery and service of summons intentionally failed to file the

memo of appearance in the Last Date of Hearing. (COPY OF THE POSTAL RECEIPT

AND DELIVERY REPORT IS ATTACHED AS ANNEXURE A-1 and A-1(A).


3. It is submitted that the defendant intentionally failed to appear before this court.

Therefore, this Hon’ble Court vide order dated 11.01.2024 again issued direction for

issuance of second summons against the defendant including E-Modes of service, by

filing the Process Fee within the due course of time. (COPY OF THE ORDER DATED

11/01/2024 IS ATTACHED AS ANNEXURE A-2).

4. It is pertinent to mention herein that the second summons issued by the Hon’ble

Court were returned unserved citing reasons “ADDRESSEE LEFT WITHOUT

INSTRUCTIONS” from the residential address of the Defendant which were sent via

Registered Post dated 31/01/2024. (COPY OF THE POSTAL RECEIPT AND

DELIVERY REPORT IS ATTACHED AS ANNEXURE A-3 and A-3(A). It is

submitted that the first summons were duly delivered and served upon the

defendant. As the defendant intentionally, voluntarily and consciously choose not to

appear before this Court and evading the court proceeding despite of having

knowledge of the same. Thus on the direction of this Hon’ble Court, the second

summons were issued and returned unserved, which gives a deemed presumption

that the defendant has the knowledge of the ongoing proceeding against him before

this Hon’ble Court.

5. That till date, the Defendant intentionally, willing and voluntarily choose not to

appear before the Hon’ble Court even after receipt of the summons earlier and

intentionally failed to file a written statement in pursuance to the present suit against

the defendant.

PRAYER
That it is, therefore most respectfully prayed that this Hon’ble court may be please

to :

1. To pass an ex-parte order/ convert the present suit into ex parte suite against

the defendant

2. To close/cease the right of the defendant

3. To pass any such order in favour of plaintiff and against defendant may deem

fit and proper under the facts and the circumstances of the case.

DELHI
DATE: 04.04.2024

KARTIK AGGARWAL ASSOCIATES


ADVOCATES AND SOLICITORS
CH. NO. 202, LAWYERS
CHAMBERS BLOCK, ROHINI COURTS
DELHI - 110085
(M): 9999262652, 7982149806
(E): [email protected]

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