Judgment:
The Court : The plaintiff says that the application for judgment on admission, GA No.1371 of 2009, was attempted to be served on the defendant at the defendants known and recorded address but service could not be effected.
According to the plaintiff, the defendant is not available at the recorded address and the shop thereat is closed. Pursuant to leave obtained by the plaintiff, the plaintiff caused substituted service to be effected and notices were published in newspapers circulated in Delhi. The defendant has not appeared at any stage and is not represented today when the matter has appeared as an unopposed motion.
The plaintiff seeks judgment on admission in the sum of Rs.14,98,287/- covered by a cheque dated February 26, 2008 issued by the defendant which was dishonored upon presentation. There will be a decree passed on admission in the sum of Rs.14,98,287/- together with interest thereon at the rate of eight per cent per annum from the date of the cheque.
The plaintiff will also be entitled to costs of this application including of the advertisements published assessed at Rs.50,000/-. GA No.1371 of 2009 is allowed as above.
Let the decree be drawn up expeditiously. In GA No.3343 of 2009, the plaintiff has sought a direction to effect substituted service of the Writ of Summons on the defendant since the defendant is unavailable at the defendants known and recorded address.
There will be an order in terms of prayer (a) of the notice of motion dated December 16, 2009. GA No.3343 of 2009 is disposed of without any order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.