Order 18

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) No. 659/2025
Gopal Chand Aggarwal
Vs.
Neha Goel
01.06.2026
Present : Sh. Yashwant Singh, Ld. Counsel for the plaintiff
alongwith the plaintiff.
Sh. Vinod Kumar Verma, Ld. Counsel for the
defendant alongwith defendant through VC.
Since the matter was fixed for defendant evidence
on preliminary issue.
At this stage, Ld. Counsel for the defendant seeks
adjournment on the ground that the witness is not well. Heard.
To achieve timely and expedient disposal of this
case, a decision is arrived at for recording of defendant evidence
on preliminary issue 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.
Ajay Kumar Tyagi, Advocate (Enrl. No.D-2114-A/04 &
Mob.9999459966) 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 defendant is
required to pay a sum of Rs.500/- 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.
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(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 evidence of the
witnesses.
(5) The documents shall be exhibited but in case of any
objection to the exhibition of documents by the opposite 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 relevant stage. Witness shall not refuse to the answer the
question raised.
(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.15,000/- 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 defendant.
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 defendant shall bear the expenses of
defendant’s evidence on preliminary issue.
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.
In case of any unforeseen situation requiring judicial
interpretation, the court commisioner 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.
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Every endeavour shall be made to record the evidence on
the same day fixed for recording of evidence. 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.
Advance copy of examination in chief by way of affidavit
shall be supplied to the opposite side preferably three days in
advance. In case the defendant is desirous of summoning a
witness for deposition or production of document, it shall obtain
summons from the court with an endoresement 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 party conducting cross-examination. The
stenographer be arranged by LC and the actual cost of typing
shall be paid by the 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.
Parties are directed to appear before Ld. Local
Commissioner for recording of defendant evidence on
preliminary issue. The Ld. LC may fix date of recording of
evidence in consultation with the parties, and to conclude the
evidence before the next date of hearing.
Report be filed by Ld. Local Commissioner on or
before the next date of hearing.
Matter be listed for further proceedings on
08.06.2026.
A copy of this order be sent to the Local
Commissioner and be also given dasti to the parties for
information and necessary compliance.
(Ramesh Kumar-II)
District Judge (Commercial Court)-08
Central, Tis Hazari Courts, Delhi
01.06.2026
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