Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 18/26
Ajay Jain Vs. Naveen Garg
06.04.2026
Pr: Mr. Gaurav Malhotra and Mr. Suryansh Sharan, Ld. Counsels for
plaintiff.
Ms. Rekha Aggarwal, Ld. Counsel for defendant.
WS filed along-with affidavit of admission / denial of documents on
behalf of defendant. Copy supplied.
Replication not filed. Two days time sought by Ld. Counsel for
plaintiff to file replication and affidavit of admission-denial of documents.
Let the same be filed within one week with advance copy to opposite party,
in failure, opportunity of plaintiff to file replication shall be closed without
any further order.
Admission / denial of documents done in view of affidavits of
admission / denial of documents of both parties.
Pleadings of the parties are complete. As per the pleadings of the
parties following issues are framed as under:
ISSUES
1. Whether present suit has been filed within limitation? OPP
2. Whether plaintiff is entitled for decree of amount of Rs.
4,02,864/- as prayed for? OPP
3. Whether plaintiff is entitled for interest against decretal
amount as prayed, if so, at what rate and for what period?
OPP
4. Relief
No other issue arises or pressed.
For expeditious disposal of this case, the evidence of both parties
shall be recorded by Ld. Local Commissioner in terms of Order 15-A Rule 6
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(1) CPC read with Order 26 of CPC. However, Ld. Counsel for plaintiff has
submitted that the plaintiff has no financial capacity to pay Ld. Local
Commissioner’s fees but still evidence of the parties shall be recorded
through Ld. Local Commissioner, as it is necessary to achieve target of
timely disposal of this case. Evidence shall to be recorded by Ld. Local
Commissioner and charges/fees shall be reimbursed as costs to winning
party.
I hereby appoint Ld. Local Commissioner whose particulars are as
under:
Ms. Ambareen
, Advocate
C/o Chamber No. 337,
Lawyer’s Chamber Block-1,
Delhi High Courts, Delhi
Ph: 7065659714
e-mail: ambareen.vicitlawassociates@gmail.com
Both the parties shall bear charges of Ld. Local Commissioner @
10,000/- per witness qua their witnesses, subject to conclusion of evidence
in two dates (maximum 2 hours each day) and, thereafter, Rs. 2,500/- per
hour in addition to Rs. 10,000/- per witness till conclusion of evidence of
each party. In case, any party delays evidence shall be liable to pay cost of
Rs 5,000/- per date to opposite party.
The payment of charges of Ld. Local Commissioner shall be made in
cash/UPI/bank transfer/DD and shall be adjustable as cost of litigation.
Ld. Local Commissioner shall record evidence of the parties in the
Court room in post lunch session and shall be typed by Ld. Local
Commissioner himself, or through stenographer, as the case may be, and
charges of stenographer, if any shall be payable by respective party whose
evidence is being recorded.
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Evidence shall be recorded in vernacular language of the court and
shall be filed before the court in original format and duly signed by
witness/es.
Ld. Local Commissioner shall maintain proceedings sheet on day-to
-day basis regarding witnesses of the parties and the evidence shall be
recorded on day-to-day basis. In case, Ld. Local Commissioner has any
difficulty in recording evidence on a particular day, then evidence may be
recorded immediately on next day with the consent of both the parties.
Ld. Local Commissioner shall not take additional document on record
during evidence of the parties except production of documents by
summoned witness/es, however document/s may be confronted to the
witness/s during examination / cross-examination, if document/s is already
on record.
Both the parties shall file their list of witnesses within one week
positively thereby exchanging copies to each other. Ld. Local Commissioner
shall confine examination of witnesses to list of witnesses only.
Witness shall be summoned through court only against proper
application and witness shall appear before Ld. Local Commissioner for
recording of evidence.
Ld. Local Commissioner shall note down objection/s of the parties
during examination in writing, shall record answer to such objections and
objections shall be dealt with by the court.
In case any witness is not cooperative during evidence, Ld. Local
Commissioner shall record observation/s demeanor of the witness/es and
shall refer the witness and the parties to the court for next working day.
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In case, Ld. Local Commissioner is related / connected to any party,
or having any interest in this litigation shall disclose about it to both the
parties and shall recuse herself / himself from recording of the evidence.
Ahlmad of this court shall produce case file before Ld. Local
Commissioner for recording of evidence.
Copy of the order be given
dasti to both the parties, who shall
communicate to Ld. Local Commissioner to apprise him/her about order of
this court. Besides it, Reader of this court shall also communicate copy of
this order to Ld. Local Commissioner through e-mail for necessary
compliance.
After recording of evidence of parties, the case file shall be put up for
Final Arguments on 25.05.2026.
(Devender Kumar)
District Judge (Commercial Court)-01
East District,
Karkardooma Courts, Delhi
06.04.2026
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