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Core Purpose

Amends the Delhi High Court (Original Side) Rules, 2018, specifically substituting clause 10 of Annexure E concerning dates related to summons in commercial disputes.

Detailed Summary

This notification from the Delhi High Court amends the Delhi High Court (Original Side) Rules, 2018. The amendment replaces clause 10 of Annexure E, which pertains to dates for various stages of summons processing in commercial disputes. The revised clause specifies dates for 'Date of Last Order', 'Date of filing of P.F.', 'Date of Issuance', 'Date of receipt of Process', 'Date of Service of Process', and 'Date of Returning of Process to DA', along with 'Speed Post/ Regd. AD'. It also includes a format for summons for settlement of issues in commercial disputes as per the Commercial Courts Act, 2015, amending Order V, Rule I of the Code of Civil Procedure, 1908. The notification details procedures for filing written statements in commercial disputes, including timelines and document requirements. The amendment is effective from the date of gazette publication.

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-05042025-262314 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 20] DELHI, FRIDAY, APRIL 4, 2025/ CHAITRA 14, 1947 [N. C. T. D. No. 05 PART II-I GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI HIGH COURT OF DELHI: NEW DELHI NOTIFICATION Delhi, the 4th April, 2025 No. 15/Rules/DHC.โ€”In exercise of the powers conferred by Section 129 of the Code of Civil Procedure, 1908 and Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) and all other powers enabling it in this behalf, the High Court of Delhi, hereby makes the following amendment in the โ€œDelhi High Court (Original Side) Rules, 2018" which were notified vide Notification No. 100/Rules/DHC dated 27.02.2018, in Delhi Gazette Extraordinary, Part IV No. 50 (N.C.T.D. No. 454) dated 28.02.2018 and further amended vide Notification No. 722/Rules/DHC dated 16.10.2018 published in Delhi Gazette Extraordinary Part IV No. 201 (N.C.T.D. No. 635) dated 18.10.2018 : - AMENDMENT THE FOLLOWING SHALL BE SUBSTITUTED FOR THE EXISTING CLAUSE 10 OF ANNEXURE E OF DELHI HIGH COURT (ORIGINAL SIDE) RULES, 2018 :- +--------------------------+-------------------------------+ | Date of Last Order: | Date of receipt of Process: | +--------------------------+-------------------------------+ | Date of filing of P.F.: | Date of Service of Process: | +--------------------------+-------------------------------+ | Date of Issuance: | Date of Returning of Process to DA:| +--------------------------+-------------------------------+ | DA - | Speed Post/ Regd. AD | +--------------------------+-------------------------------+ IN THE HIGH COURT-OF DELHI AT NEW DELHI (ORDINARY ORIGINAL CIVIL JURISDICTION) Summons for Settlement of Issues in Suit Relating to a Commercial Dispute (U/s 6 of the Commercial Courts Act, 2015 amending Order V, Rule I of the Code of Civil Procedure, 1908) CS (OS) COMM No..........of 20....... In the matter of: Mr./Ms./M/s Applicant(s) Plaintiff(s)/ Versus Mr./Ms./M/s To Defendant(s)/ Respondent(s) Defendant(s) (Name, description and place of residence as per Plaint/ Memo of Parties) Whereas the plaintiff(s) has/ have instituted a suit against you relating to a commercial dispute, you are hereby summoned to file your Written Statement that also contains a statement certifying authenticity of document, if any, filed by you. An affidavit of admission/ denial of document filed by the plaintiff(s) shall accompany your Written Statement without which, your Written Statement shall not be taken on record. Where copy of document are filed by you, the Index to your Written Statement shall also specify as to in whose custody, power and control are the original thereof. If you seek inspection of document filed by the plaintiff, you may do so by filing an application, not later than 7 days from receipt of these summons. In such case, receipt of these summons shall only be deemed to be complete only after inspection is provided by the Plaintiff(s). Upon inspection, summons shall be deemed to be duly served and your Written Statement shall be filed within 30 days of the service of present summons as aforesaid. In case you fail to file your Written Statement within the aforesaid period of 30 days, upon showing cause, the Court may allow you to file the same on such other day, not later than 120 days from the date of service of these summons, as may be specified and on terms ordered by Court. On expiry of the said 120 days, you shall forfeit the right to file your Written Statement and the Court shall not allow the same to be taken on record. You are also required to appear in this Court in person, or by a pleader duly instructed and able to answer all material questions relating to the suit, or be accompanied by some person able to answer all such questions, on the day of .... at O'clock in the ... noon, to answer the claim. You are further directed to produce on the said day, all documents in your possession or power upon which you base your defence or claim for a set-off or counter-claim. Take notice that, in default of your appearance on the day before mentioned, the suit may be heard and determined in your absence. Given under my hand and the Seal of the Court, this ....... day of ....... 20....... Judge/Registrar Note: If you want to appear in person before the Hon'ble Court, you are required to produce the following documents in order to obtain a gate pass for your entry to the High Court:- 1. Notice served upon you or any other document proving your requirement/ your presence in the High Court. 2. Identity proof (Aadhar Card/ Election Identity Card/ Ration Card/ Driving Licence/ Passport)] NOTE: THIS AMENDMENT SHALL COME INTO FORCE FROM THE DATE OF ITS PUBLICATION IN THE GAZETTE. BY ORDER OF THE COURT KANWAL JEET ARORA, REGISTRAR GENERAL

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