M/S Snb Enterprises Pvt. Ltd. v. M/S Bhavya Tube Pvt. Ltd. & ORS.

$~O-5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1242/2018 M/S SNB ENTERPRISES PVT. LTD.

..... Plaintiff Through:

Mr.Akhil P.

Chhabra, Ms.Ritu Chhabra, Advocates versus M/S BHAVYA TUBE PVT. LTD. & ORS.

..... Defendants Through:

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 10.01.2019 1.

The plaintiff has filed this suit under Order XXXVII of the Code of Civil Procedure.

2.

Vide order dated 21st December, 2018, the learned Joint Registrar observed that the suit is not maintainable under Order XXXVII of the Code of Civil Procedure.

3.

After some hearing, learned counsel for the plaintiff submits that this suit be treated as an ordinary suit.

4.

The oral prayer of learned counsel for the plaintiff is allowed and the suit is treated as ordinary suit.

5.

Issue summons to the defendants by all modes including e-mail and dasti, returnable before the Joint Registrar on 16th April, 2019. 6.

The summons to the defendants shall indicate that the written statement, documents and affidavit of admission/denial of the plaintiff's documents be filed by the defendants within 30 days of the service of the summons. Replication and affidavit of admission/denial of the defendant's

documents be filed by the plaintiff within thirty days thereafter. 7.

Copy of this order be sent to the defendants. 8.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

JANUARY 10, 2019 dk