Order 4

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.71/25
Satin Creditcare Network Ltd. Vs. New India Assurance Co. Ltd.
14.07.2026
Pr: Mr. Ravi Mohla, Ld. Counsel for plaintiff.
Mr. Simon Samsom, Ld. Counsel for defendant (through VC).
Defendant has filed application to file affidavit of admission/denial of
documents which could not be filed with WS. Affidavit of admission/denial
of documents is necessary for the proper adjudication of this case,
accordingly same is taken on record. Copy supplied.
Plaintiff has filed replication and affidavit of admission/denial of
documents. Be taken on record. Copy supplied.
Admission/denial of documents conducted in view of affidavits of
both parties. As per the pleadings of the parties following issues are framed
as under:-
ISSUES:
1. Whether plaintiff violated terms and conditions of
insurance policy and is not entitled for any relief? OPD
2. Whether plaintiff is entitled for decree of suit amount of Rs.
8,72,745/- as prayed for? OPP
3. Whether plaintiff is entitled for interest against decretal
amount, if so, at what rate and for what period? OPP
4. Relief.
No other issue arises or pressed.
For expeditious disposal of this case, evidence of both parties shall be
recorded by Ld. Local Commissioner in terms of Order 15-A Rule 6 (1)
CPC read with Order 26 of CPC. However, Ld. Counsels for parties have
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submitted that parties have no financial capacity to pay Ld. Local
Commissioner’s fees but still evidence of both parties shall be recorded
through Ld. Local Commissioner, as it is necessary to achieve target of
expeditious disposal of the 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. Purnima Malhotra, Advocate
Enrolment No. D/2025/2020
C/o Chamber No. 510-A,
Lawyer’s Chamber Block-III,
Delhi High Court, New Delhi
Ph: 9873448672
e-mail: purnimamalhotra.adv@gmail.com
Both parties shall bear charges of Ld. Local Commissioner @ Rs. 12,000/-
per witness qua their respective witness/es, subject to conclusion of evidence
in two dates
(maximum 2 hours per day), thereafter, Rs. 3,000/- per hour in
addition to Rs. 12,000/- per witness till conclusion of evidence of a
particular party. In case, any party delays evidence shall be liable to pay
cost of Rs. 5,000/- per date to opposite party.
If Ld. Local Commissioner fix a date for recording of evidence and
any party fails to produce witness on said day, the defaulting party shall pay
cost of Rs. 5,000/- for that day to Ld. Local Commissioner as default fees.
The payment of charges of Ld. Local Commissioner shall be made in
cash/UPI/bank transfer/DD in advance and shall be adjustable as cost of the
litigation.
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Ld. Local Commissioner shall record evidence of both parties in the
courtroom in post-lunch session and shall be typed by Ld. Local
Commissioner himself/ herself, 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.
Evidence shall be recorded in vernacular language of the court and
shall be filed before the court in original format and duly signed by the
witness/es.
Ld. Local Commissioner shall maintain proceedings sheet on day-to
-day basis regarding witness/es of the parties and evidence shall be recorded
on day-to-day basis. In case, Ld. Local Commissioner has any difficulty in
recording of evidence on a particular day, then evidence may be recorded
immediately on next day with the consent of both parties.
Ld. Local Commissioner shall not take additional document/s 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/ are
already on record.
Both 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 of the parties
only.
Witness shall be summoned through the court only against proper
application and shall appear before Ld. Local Commissioner for recording of
the evidence.
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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 cooperating during evidence, Ld. Local
Commissioner shall record observation/s regarding demeanor of the
witness/es and shall refer the witness and the parties to the court for next
working day.
In case, Ld. Local Commissioner is related / connected to any party,
or having any interest in litigation shall disclose about it to both parties and
shall recuse himself/ herself from recording of evidence.
Ahlmad of this court shall produce case file before Ld. Local
Commissioner for recording of the evidence.
Copy of the order be given
dasti to both 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 the parties, the case file shall be put up
for Final Arguments on 24.08.2026.
(Devender Kumar)
District Judge (Commercial Court)-01
East District,
Karkardooma Courts, Delhi
14.07.2026
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