Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 992/25
UMA SHANKER GOEL HUF Vs. SHUBHAM MITTAL
27.11.2025
Matter is taken up in pre-sitting Lok Adalat for the National
Lok Adalat to be scheduled on 13.12.2025.
(Proceedings are taken up through Hybrid Mode i.e Physical as well as VC)
Present: Mr. Kapil Singhal, ld. Counsel for Plaintiff alongwith Plaintiff
Mr Uma Shanker.
Mr. Deepak Aggarwal , ld. Counsel for Defendant alongwith
Defendant.
Both parties are examined by the Court to explore elements of
settlement. Separate statement of Defendant has been recorded. After
having deliberated upon the same for some time, the parties now are
inclined to proceed with the matter on merits. Let the matter be proceeded
further.
On the basis of pleadings of the parties, the following issues are
framed as under :-
Issue no. 1: Whether Plaintiff had supplied the defective
goods i.e. rotten pulses and Besan to Defendant during
COVID pandemic period ? OPD
Issue no. 2: Whether the plaintiff till date did not provide any
Credit Note to the Defendant despite repeated request? OPD
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Issue no. 3: Whether Plaintiff is entitled to the recovery of
the amounts as prayed in prayer clause of the plaint? OPP.
Issue no. 4: Whether the plaintiff is entitled to any interest on
the said amount. If so, at what rate and from what period?
OPP.
Issue no. 5: Relief.
No other issue arises or is pressed upon. After hearing both sides on
the aspect of case management schedule, the following dates as consented to by
parties are fixed as :-
Purpose Next date of hearing
PE 18.12.2025 at 02:00 pm and
07.01.2026 at 02:00 pm
DE 14.01.2026 at 02:00 pm and
21.01.2026 at 02:00 pm
Both Parties are directed to file their respective list of witnesses
10 days prior to next date of hearing with exchange of copies. Both the parties are
further directed to file their respective affidavits with exchange of copies.
Considering that the recording of evidence through Ld. Local
Commissioner would be the most proper and expedient way in the matter,
Local Commissioner under Order 26 Rule 1 & 2 CPC and Rule 4 CPC is
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hereby appointed to record evidence of parties and with consent of parties, I
pass the Order as under :-
Mr. Himanshu Verma, Advocate, mobile no. 7827141819 and
8860223035. is hereby appointed as a Local Commissioner to record the entire
evidence of both parties.
(1) The venue of recording evidence shall be infront of Court room
no. 401, Extension Building, Tis Hazari Courts, Delhi at 02.00 PM. The parties
shall appear before Ld. LC on 18.12.2025 at 02:00 pm for this purpose.
Ahlmad of this Court shall carry the judicial file as per designated
date and time after being informed a day before, by parties. Diet money of
Rs. 1,000/- per date be paid to Ahlmad.
(2) Remuneration of Ld. Commissioner-
Fee to be paid- Fee of the Local Commissioner is fixed at Rs. 8,000/-
per witness and per date to be borne by the party whose witness is to be
examined. (
The fee be given in advance, in cash /
cheque at least 3 days
in advance of the scheduled date) .
In case the cross-examination of any witness continues beyond one date,
the additional fee of Rs. 4,500/- is to be paid to ld. LC by party which is
cross-examining the said witness (i.e. opposite party) a day before the
scheduled date.
LC Fees on days of adjournment- If before LC, no effective hearing
takes place due to absence of one party or adjournment is sought by one
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party, the cost of LC of that particular day shall be borne by the said
party who has sought adjournment or who is responsible for the
ineffective hearing of that particular day.
It is further clarified that if any party wishes to cancel the date,
they will inform the LC three clear days in advance regarding the
same date in writing through email and by way of telephonic
message also. If three clear days advance notice is not given, the
fee of the LC shall be treated as cost of adjournment for that day.
(3) Adjournments- Once started, the cross-examination may be
continued on day to day basis. In case of any hardship viz. ill health etc. the
case can be deferred for a day or two not later than three days. If witness of a
party is present and is available for examination in chief and cross-
examination but opposite party or their Counsel is not available for evidence,
only one adjournment for a witness may be granted by LC subject to the
condition that cost of hearing of that particular day is to be borne by the party
who is seeking adjournment and that too if LC is satisfied that there are
reasonable grounds for seeking adjournment for evidence that particular day.
(4) No second adjournment for cross-examining of the same witness
shall be granted by LC in any circumstances. If no adjournment is sought and
opposite party is absent, the LC shall close the right of cross-examination of
that particular witness and proceed further with evidence as per law.
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(5) Question-Answers- On the request of ld. Counsel cross-
examining the witness, portions of deposition may be recorded in question-
answer form and questions shall be numbered for each witness.
(6) Recording of Objections- All the objections raised during cross-
examination/re-examination shall be recorded in the deposition under titled
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.
(7) Questions to be allowed- 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.
(8) Summoning of Official Witnesses-
Summons from the Court- In case a litigating party is desirous of
summoning an official witnesses, it shall obtain summons from the Court with
an endorsement that witness shall appear before Ld. Commissioner for
recording of evidence on scheduled date, time and place.
Diet Money- Diet money shall be paid to such witness by summoning
party as per rules.
(9) Judicial Intervention during recording of evidence-
a). Parties to Cooperate- It is expected that both sides will cooperate
with Ld. Commissioner as well as each other and record evidence in a
peaceful manner.
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b). Dissolution of stalemate- In case of any conflicting circumstances,
they shall resolve issues at their own level with the active help of Ld.
Commissioner.
c). Court Intervention- However, in case of any unforeseen situation
requiring judicial intervention, Ld. Commissioner shall fix date and
time for joint appearance of both sides before the Court for removal of
any such impediment.
(10) Miscellaneous Applications-
1. Moving the Application- In case either of the parties is desirous of
moving any miscellaneous application, they shall share an advance copy
with the opposite side and reply thereof, if any, shall be prepared within
three days.
2. Evidence not to be stalled- It is clarified that, unless Ld. Counsel is of
the view that the application is such that evidence cannot be recorded
before its disposal, the recording of PE/DE shall continue unabatedly.
(11) Ld. Court Commissioner is expected to complete the recording of
evidence of parties within 40 days from the receipt of fee from parties.
(12) A Report of Ld. Local Commissioner shall be placed on record
three days before NDOH.
List the matter for final arguments and appearance of both parties
on 23.02.2026.
(Dr. Ravinder Bedi)
District Judge (Commercial Court)-12
Central District, Tis Hazari Courts /Delhi/27.11.2025
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