Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) No.634/2025
M/S. HAR LAL GUPTA & SONS PVT. LTD.
VS.
M/S. SUPRA CRAFT PACKAGING PVT. LTD.
12.08.2025
Present: Sh. M. U. Rehman, Ld. Counsel for the plaintiff
(Mob.9811022221).
Sh. Gagan Chawla, Ld. Counsel for the defendant
(Mob.9891693600 & 8285189800).
An application for condonation of delay in filing the
written statement filed by the defendant is pending. Reply filed.
Arguments heard and record perused. For the reasons mentioned
in the application, the same is allowed and the delay in filing the
written statement is hereby condoned. Written statement is taken
on record.
Replication to the written statement filed. Copy
already supplied as stated.
At this stage, it is pointed out by the counsel for the
defendant that an application under Order VII Rule 11 CPC for
rejection of the plaint filed by the defendant is pending. Reply
filed. Copy already supplied as stated. Arguments heard and gone
through the record. It is averred in the application that the present
suit is not maintainable being filed without any cause of action.
This is a triable issue and shall be decided on the basis of
evidence. The matter is at initial stage and issues are yet to be
framed and evidence is to be led. In the facts and circumstances
of the case, the application is without any merit and the same is
accordingly dismissed.
Admission-denial/pleadings are complete.
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From the pleadings of the parties, the following issues
are framed:
(1) Whether the Plaintiff is entitled to decree in the sum
of Rs.5,00,881/- as prayed for? .... OPP
(2) Whether the Plaintiff is entitled to any interest and if
so, at what rate, at what amount and for what
period? …. OPP
(3) Whether this court does not have territorial jurisdiction
to entertain the present suit? …. OPD
(4) Whether this suit has been filed without any cause of
action? ….OPD
(5) Relief.
No other issue arises or is pressed by the parties from
the pleadings.
The parties are directed to file their respective list of
witnesses within one week from today and get the same approved
from the court before examination of the witnesses. The parties
are also directed to file their respective affidavits of witnesses
within one week from today. Advance copies of the same be
exchanged between the parties. In default, a cost of Rs.10,000/-
shall be deemed to have been imposed on the defaulting party.
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
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before Ld. Local Commissioner Sh. Shriram Verma, Advocate
(Enrl. No.D-2017/2015 & Mob.9953585113) 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 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.
(5) The documents shall be exhibited but in case of any
objection to the exhibition of documents by the either side the
same shall be recorded by the Local Commissioner.
(6) On the request of Ld. Counsel, cross examining the
witness, portions of deposition may be recorded in question
answer form.
(7) All the objections raised during cross-examination/re-
examination shall be recorded in the deposition under the title
objections and shall be left open for the decision of the Court at
the stage of final arguments. Witness shall not refuse to the
answer the question raised.
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(8) 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.
(9) Remuneration fee for recording of evidence is fixed at
Rs.20,000/- for each, main/public witness and Rs.10,000/- each
for official witness for one sitting per day (3 hours), which shall
be paid to Ld. LC in advance, by the respective parties.
The party who is leading the evidence shall bear the costs
of sitting. The parties to ensure that they will not seek any
adjournment before Ld. Local Commissioner. At the cost of
repetition, it is clarified that the plaintiff shall bear the expenses
of plaintiff’s evidence and defendant shall bear the expenses of
defendants’ evidence.
In case an evidence schedule is fixed and adjournment is
sought by the opposite side, that is the side other than who is
leading evidence, without 24 hour advance notice, the party
seeking adjournment shall bear the cost of recording of evidence
by the LC for the adjournment taken. In case a witness scheduled
to be examined or under examination is reported to be unwell or
unavailable, the party leading the evidence shall produce the next
witness in line in the list for recording of evidence.
All parties shall be provided uncertified electronic/hard
copy of the evidence recorded by the Court Commissioner free of
cost.
Expenditure incurred in recording of evidence shall be
redeemable as cost of litigation at the end of the suit.
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In case of any unforeseen situation requiring judicial
interpretation, the court commissioner shall fix the date and
preferably time at 2 pm for joint appearance of both sides before
the court for removal of any such impediment.
Every endeavour shall be made to record the evidence and
continue the same on day to day basis till conclusion. Any
alteration in schedule for recording of evidence, if needed, shall
be decided by the Court Commissioner as per the convenience of
both the sides. However, every effort be made to record the entire
evidence on or before the next date of hearing.
Advance copy of examination in chief by way of affidavit
shall be supplied to the opposite side preferably three days in
advance. In case a litigating party is desirous of summoning a
witness for deposition or production of document, it shall obtain
summons from the court with an endorsement that such person
shall appear at the address of the Court Commissioner at
scheduled time and place.
It is also mentioned that in case the witnesses are not
cross-examined in one day/session (three hours), the fee for the
cross examination of the witnesses on the other day/session shall
be paid by the respective party conducting cross-examination.
The stenographer be arranged by LC and the actual cost of typing
shall be paid by the plaintiff/defendant to Ld. LC (upto
Rs.1000/- per witness). Further, in case any adjournment is
sought by either of the parties, the fees of Ld. LC of that
particular day shall be paid by the party seeking adjournment.
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Parties are directed to appear before Ld. Local
Commissioner for recording of evidence.
Report be filed by Ld. Local Commissioner on or before
the next date of hearing.
Put up for final arguments on 26.09.2025.
The Ld. Counsel for the parties are permitted to file their
respective written arguments on or before the next date of
hearing. Advance copies of the same be exchanged between the
parties, at least two days, prior to the date fixed for final
arguments.
A copy of this order be sent to the Local Commissioner
and be also given dasti to the parties for information and
necessary compliance.
(GORAKH NATH PANDEY)
District Judge (Commercial Court-08)
Central: THC:Delhi/12.08.2025
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