Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) No. 508/2026
Naresh Kumar Sabharwal
Vs.
Raju Kumar
01.07.2026
VC of the court is not working today.
Present : Sh. Parveen Kumar Aggarwal, Ld. Counsel for the
plaintiff alongwith plaintiff in person.
None is present on behalf of the defendant despite
service on 20.05.2026.
Since none is present on behalf of the defendant,
matter be awaited for 12.30 pm.
(Ramesh Kumar-II)
District Judge (Commercial Court)-08
Central, Tis Hazari Courts, Delhi
01.07.2026
At 12.30 pm
Present : Sh. Parveen Kumar Aggarwal, Ld. Counsel for the
plaintiff alongwith plaintiff in person.
None for the defendant.
Since none is present on behalf of the defendant,
Matter be awaited for 02.00 pm.
(Ramesh Kumar-II)
District Judge (Commercial Court)-08
Central, Tis Hazari Courts, Delhi
01.07.2026
At 02.05 pm
Present : Sh. Parveen Kumar Aggarwal, Ld. Counsel for the
plaintiff.
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None for the defendant.
None appeared for the defendant since morning
despite calls.
It is 02.05 pm. The defendant has neither put his
appearance nor filed written statement. It appears that the
defendant is not interested to contest the present suit. Defendant
is proceeded as ex-parte.
The plaintiff is directed to file the list of witnesses
alongwith affidavit of witnesses within one week from today and
get the same approved from the court before examination of the
witnesses. In default, a cost of Rs.10,000/- shall be deemed to
have been imposed on the plaintiff.
To achieve timely and expedient disposal of this
case, a decision is arrived at for recording of evidence by way of
Court Commissioner as provided under Order 15A Rule 6 (l)
of the Commercial Courts Act and Order XXVI Rule 4A read
with Order 18 Rule 4 CPC. Evidence in this case shall be
recorded before Ld. Local Commissioner Sh. Ranbir Singh
Advocate (Enrl. No.2501/09 & Mob.9810162109, 9810162169)
at the earliest. The terms of the assignment are as under:
(1) The evidence shall be recorded in this Court premises and
Ahlmad/Assistant Ahlmad shall make available the court file to
the LC while recording the evidence and the parties are required
to pay a sum of Rs.500/- per hearing to the Ahlmad/Assistant
Ahlmad for making available the file.
(2) Ld. Local Commissioner shall administer oath to the
witness under examination as per the Oaths Act.
(3) The evidence shall be preferably typed on a paper or in
case of non availability, the 508 same shall be neatly hand
written.
(4) Ld. Local Commissioner shall comply with the provisions
of Order 18 Rule 4 CPC while recording the evidences of the
witnesses.
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(5) The documents shall be exhibited but in case of any
objection to the exhibition of documents the same shall be
recorded by the Local Commissioner.
(6) In case Ld. Commissioner finds any question not related to
the fact and issue, he shall record his objection but shall allow the
question to be put and witness must answer.
(7) Remuneration fee for recording of evidence is fixed at
Rs.15,000/- for each, main/public witness and Rs. 10,000/- for
official witnesses, which shall be paid to Ld. LC in advance, by
the plaintiff. It is also mentioned that in case the witnesses are
not examined in one day/session (three hours), the fee for the
examination of the witnesses on the other day/session shall be
paid by the plaintiff. The stenographer be arranged by LC and the
actual cost of typing shall be paid by the plaintiff to Ld. LC (upto
Rs.1,000/- per witness). Further, in case any adjournment is
sought by any party, the fees of Ld. LC of that particular day
shall be paid by the party seeking adjournment.
Plaintiff is directed to appear before Ld. Local
Commissioner for recording of evidence. The Ld. LC may fix
other date of recording of evidence in consultation with the
plaintiff, and to conclude the evidence prior to final arguments.
Report be filed by Ld. Local Commissioner on or
before the next date of hearing.
Put up for final arguments on 30.07.2026.
A copy of this order be sent to the Local
Commissioner and be also given dasti to the counsel for the
plaintiff for information and necessary compliance.
(Ramesh Kumar-II)
District Judge (Commercial Court)-08
Central, Tis Hazari Courts, Delhi
01.07.2026
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