SUBHAM AGARWAL Vs. POSITIVE PRINT SIGN GRAPHICS

JUDGEMENT

(1.) The Plaintiff had filed the instant suit against the defendants praying for a decree for an amount of Rs.15,20,659.00 along with interim interest.

(2.) As per the service report dtd. 30/11/2018, writ of summon was issued upon defendant no. 4 on 19/8/2014. Undelivered package of the defendant no.1 with the endorsement 'Left' was received on 12/8/2014. Postal acknowledgment receipt with respect to defendant nos. 2 and 4 were received on 25/9/2014 and 27/8/2014 respectively. Undelivered package with the endorsement 'not claimed' with respect to defendant no.3 was received on 29/8/2014. Neither acknowledgment receipt nor undelivered package was received with respect to defendant no. 5. As per the report of Deputy Registrar (Ct and J.) dtd. 12/11/2014, defendant nos. 1, 2, 4 and 5 entered their appearance through their Learned Advocate. As per the report dtd. 17/12/2018 issued by Deputy Registrar (Ct and J.), the defendant no.3 has not entered appearance and the undelivered package of the defendant no.3 was returned unserved with the remark "not claimed". In view of the report, this Court by an order dtd. 16/11/2022 had fixed the matter as "undefended". Subsequently the plaintiff has informed this Court that the defendant no. 4 has filed written statement but the written statement was not on record and this Court has called for report from the Registrar. On receipt of such report, it was found that the written statement filed by the defendant no.4 was not accepted due to defect and accordingly, the suit is heard as "undefended".

(3.) The Plaintiff carries on the business of sale of flex and other goods under the name and style of 'Sibco Trading Compnay' as a sole proprietor.