AN APPEAL UNDER CLAUSE 10 OF THE LETTERS PATENT

CS (COMM) No. XXX OF 20**.

IN THE MATTER OF :-

XXXXX : PLAINTIFF

VERSUS

XXXXX : DEFENDANT

D.O.H.: XXXXX

APPLICATION FOR AND ON BEHALF OF THE APPLICANT / PLAINTIFF UNDER SECTION 151 OF C.P.C. SEEKING SERVICE OF THE SUMMONS TO THE DEFENDANTS IN ANOTHER CASE WHERE THEY APPEARED.

1.   That the aforesaid commercial recovery suit has been filed by the Plaintiff against the Defendant is pending before this Hon’ble Court and the same is fixed for XXXXX.
   

2.   That it is respectfully submitted that despite of repeated services of the summons, the defendants are intentionally and deliberately avoiding the services of summons of the Hon’ble Court on the registered address of the Defendant Company. Interestingly, however, in another Complaint Case bearing No.XXXXX under Section 138 N.I. Act filed by the Plaintiff against the Defendants before the Ld. M.M., South-East Dist., Saket Courts, New Delhi wherein defendants duly served the summons at the same registered addresses of the Defendants and wherein they appeared regularly. The Plaintiff suspects intentional avoidance of service in this particular case.
   

3.   In view of the above, the Plaintiff seeks the permissions of this Hon’ble Court to grant opportunity to the Plaintiff to serve the summons to the Defendants in the said Complaint Case bearing No. XXXXX under Section 138 N.I. Act pending before the Ld. M.M., South-East Dist., Saket Courts, New Delhi wherein the Defendants have appeared.
   

4.   That it is in the interest of justice, if the Hon’ble Court may be allowed the present application for service of the summons in the aforementioned case.
   

      It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow the Plaintiff to service the summons in the aforementioned case where the Defendants have appeared, in the interest of justice.

      It is prayed accordingly,

DELHI APPLICANT / PLAINTIFF

THROUGH

DATED :-

XXXXX

ADVOCATES

XXXXX

Mobile No. +91 XXXXX

Email: XXXXXX

CS (COMM) No. XXX OF 20**.

IN THE MATTER OF :-

XXXXX : PLAINTIFF

VERSUS

XXXXX : DEFENDANT

1.   That I am the AR of the plaintiff company in the above noted matter and am competent to depose by way of this affidavit in the aforesaid capacity.
   

2.   That the accompanying application under Section 151 of C.P.C. has been drafted under my instructions, which has been read and understood by me and I say that the contents of the same are true and correct. That the contents of paras of the application are true on the bass of the records of the plaintiff and believed to be correct.
   

DEPONENT

      Verified at de on this ___ day of April, 2024 that the contents of para 1 to 3 of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.

DEPONENT