Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No. 257/26
SURESH CHAND JAIN Vs. TEJBIR SINGH
28.07.2026
Present: Sh. O.P. Gupta, Counsel for the Plaintiff.
(through
VC)
Sh. A.P. Sidharth, Counsel for the Defendant
alongwith Defendant.
1. Matter is today fixed for admission/denial of
documents, framing of issues and case management hearing.
2. Plaintiff is not present for admission/denial of
documents. Since the parties have already filed their affidavits of
admission/denial of documents, it is not deemed appropriate to
await for parties for admission/denial of documents.
3. No proposed issues have been filed.
4. Pleadings are otherwise complete. From the
pleadings of parties, following issues are framed:-
1) Whether the plaintiff is entitled to a decree of
recovery of principal amount of Rs.3,69,720/-
against the defendant, as claimed? (OPP)
2) Whether the plaintiff is entitled to any interest, if so,
at what rate and for which period? (OPP)
3) Whether this Court has no territorial jurisdiction to
entertain the present suit, as claimed? (OPD)
4) Whether the invoices and ledger relied upon by the
plaintiff are false and fabricated, as claimed and if
so, its effect? (OPD)
Contd...2/-
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5) Whether the defendant has made full and final
payment to the plaintiff as well as at instruction of
plaintiff to Mr. Aditya Jain, son of the defendant, as
claimed? (OPD)
6) Relief
5. No other issue arises or pressed for.
6. Parties to file their list of witnesses within a week.
7. In order to achieve expeditious disposal of the cases,
evidence of the parties be recorded by the Ld. Court
Commissioner in terms of Order XVIII Rule 4 CPC and Order
XVA Rule 6(1) CPC.
8. The parties have been asked to propose the name of
the Local Commissioner and it has been submitted on behalf of
the parties that any retired judicial officer may be appointed.
9. Evidence shall be recorded by Sh. Brijesh Kumar
Garg, DHJS (Retd.) (Mob.No.9910384768, 9319444768, Email:
brijeshgarg65@gmail.com) who is hereby appointed as Court
Commissioner for recording evidence of the parties.
10. For the purposes of recording evidence, following
directions are given:-
1) The fee of the Ld. Court Commissioner is fixed at
Rs.15,000/- for first two hearings i.e. for the plaintiff
evidence and defendant evidence and thereafter
Rs.10,000/- per hearing if there is more than one hearing to
lead the PE and DE to be borne by the party seeking
subsequent date. For plaintiff’s witnesses, the plaintiff shall
bear the remuneration fee and for the defendant’s
Contd...3/-
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witnesses, the defendant shall bear the remuneration fee as
per the number of witnesses to be examined as per list of
witnesses to be filed by the parties.
2) In case the opposite side, which is to cross-examine the
witness, consumes more than 2 hours in cross-examination
of a witness, the Ld. Court Commissioner shall be paid
additional pay of Rs.5,000/- by the side which is cross-
examining the witness for every additional 2 hours
consumed in the cross-examination beyond initial 2 hours.
3) The Ld. Court Commissioner shall endeavor to record
evidence for approximately 3 hours per day. Once started,
the cross-examination shall preferably be concluded on the
same day or to continue on day-to-day basis.
4) In case one of the parties takes adjournment, the said party
shall bear the cost of the said sitting. The Ld. Court
Commissioner shall decide on account of which party the
matter has been adjourned.
5) The Ld. Court Commissioner will record the evidence
within court precinct preferably the Judge’s Library.
Evidence shall be recorded between 10.00 am to 5.00 PM.
6) The Court Ahlmad shall take the Court file for sitting,
before the Court Commissioner, if so required.
7) All the objections raised during cross-examination/re-
examination shall be recorded in the deposition under title
‘objections’ and shall be left open for the decision of the
Court at the appropriate stage.
Contd...4/-
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8) In case any objection to exhibition of a document is raised
by either side, the objection shall be recorded in some
detail and left open with an assurance that mere marking of
such exhibits will not be treated as conclusive proof
thereof and that admissibility of such document shall be
decided by the Court.
9) The parties shall be provided uncertified electronic/hard
copies of the evidence recorded, free of cost by the Court
Commissioner. The original depositions shall be kept in
safe custody by the Ld. Court Commissioner till such time
that they are filed in the Court in original upon completion
of the evidence of the parties.
10) The Ld. Court Commissioner shall maintain a
miscellaneous proceeding sheet for each day of work and
shall submit it to the Court at the time of submission of the
final report.
11) In case either of the parties is desirous of summoning a
person for deposition or production of documents, it shall
obtain a summon from the Court with an endorsement that
such person shall appear before the Ld. Court
Commissioner on the scheduled date, time and place.
12) The Ld. Court Commissioner is requested to complete the
recording of evidence on or before the next date of hearing.
13) The other miscellaneous charges including steno fees shall
be fixed by Court Commissioner.
14) The Fee of the Ld. Court Commissioner shall be paid in
advance.
Contd...5/-
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15) Both the parties shall appear before the Ld. Court
Commissioner on 04.08.2026 at 2.00 PM so that
convenient dates and time for recording of evidence can be
fixed by him.
16) The parties shall provide full assistance of Ld. Court
Commissioner for recording of evidence.
17) The expenditure incurred in recording of evidence shall be
redeemable as the cost of litigation at the end of the suit.
13. The concerned Care Taker to make available
requisite premises for recording of evidence by the Ld. Court
Commissioner, as and when requested by the Ld. Court
Commissioner, within reasonable time during the day.
14. Copy of order be given
dasti to the parties for
compliance. A copy be also sent to the Ld. Court Commissioner
through e-modes, wherein the name and contact number/email ID
of counsels for parties are given for the convenience of the
Ld.Court Commissioner.
15. As prayed, be put up for report of Ld. Court
Commissioner/further proceedings on 03.09.2026 at 11.30 AM.
(Devendra Kumar Sharma)
District Judge (Commercial Court-03)
Central/ THC/ Delhi
28.07.2026
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