RAJEEV KAPOOR Vs. REAL GOLD BUILDERS PVT LTD

JUDGEMENT

(1.) LEARNED counsel for the complainant present. Arguments heard. It is stated that the premises of opposite party was found to be locked. An affidavit has been filed.

(2.) ON 18.11.2013, the right of the opposite party to file the written statement was forfeited, in presence of its counsel. However, Mr. G. P. Singh, learned Advocate appeared again for opposite party on 3.3.2014. He stated that he went to meet the opposite party at Gurgaon but his office was found to be locked. Learned counsel for the opposite party wanted to withdraw from this case. Therefore, he was allowed to withdraw from this case. The case was fixed for final arguments but as a precautionary measure, final notice was also ordered to be issued upon the opposite party at the instance of the complainant. On 11.7.2014 the order for substituted service was passed.

(3.) LEARNED counsel for the complainant submits that the complainant has tried his level best to serve the OP but it is absconding and is not traceable. He submits that under the circumstances, he is not under obligation to serve him through substituted service and spend a huge amount on publication as the OP has already appeared through his Advocate Shri G. P. Singh.