Devesh Singh Sahney v. Harshbeena Zaveri And 3 ORS

Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 09th August, 2024 FOR DIRECTION :

S/169/2024 with connected matter ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Shriya Raychaudhari a/w. Pranali Vyas i/b. Khaitan and Company, Advocate for the plaintiff.

Ms. Mrudula Dixit a/w. Mr. Akash Manwani and Ms. Aakruti Jayendran I/b. AZB and Partners, Advocate for defendant nos. 1 and 3. P.C.:

Perused Affidavit of Service dated 30.07.2024, filed on 31.07.2024 and remarks given by the Master (Adm.), Suit Board Department. It shows service of Writ of Summons upon defendant no. 3 through R.P.A.D on 03.06.2024; whereas, articles, containing Writ of Summons addressed to defendant nos. 1, 2 and 4 have been unclaimed by the respective defendants, as aforesaid, on 10.06.2024.

In view of Order dated 07.12.2022 passed by the Hon'ble Court in Suit No. 168/2022 (Forest Realty Vs. Taksha Spaces Pvt. Ltd. & Ors.), "Unclaimed" is a good service. In view thereof, I am satisfied that defendant nos. 1, 2 and 4 have duly been served with Writ of Summons in the present suit.

Ld. Advocates appearing for defendant nos. 1 and 3 made a statement that defendant no. 1 resides abroad and service of Writ of Summons is not effected upon him, however, they waive service of Writ of Summons upon defendant no. 1. Statement is accepted.

Ld. Advocate for defendant nos. 1 and 3 submits that she has not received true copy of plaint for and on behalf of defendant no. 1, to which ld. Advocate for the plaintiff undertakes to serve true copy of plaint upon ld. Advocate for defendant no. 1 within a week.

Undertaking is accepted.

2 Before : Sachin B. Bhansali, Prothonotary & Senior Master Date : 09th August, 2024 contd....

S/169/2024 with connected matter ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Once defendant no. 1 receives copy of plaint, defendant no. 1 to file written statement within stipulated time as provided under Order VIII Rule 1 of C.P.C., failing suit against defendant no. 1 will be transferred to the list of Undefended Suits.

Defendant nos. 2 to 4 file written statement within stipulated period as provided under Order VIII Rule 1 of C.P.C., failing suit against these defendants will be transferred to the list of Undefended Suits.

Stand over to 27.09.2024.

Date : 09.08.2024 Prothonotary and Senior Master