Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No. 74/26
Sajal Lahoti Vs. RM Controls P. Ltd. & Ors.
22.07.2026
Pr: Sh Raj Kumar Sharma, Ld. Counsel for plaintiff.
Ms. Shreya, Ld. Counsel for defendant.
Cost paid.
Pleadings of the parties are complete. 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 goods supplied by the defendants were defective
as alleged? OPD.
2. Whether this court has no territorial jurisdiction of this
court as alleged? OPD.
3. Whether plaintiff is entitled for decree of amount of Rs.
10,50,000/- as prayed for? OPP
4. Whether plaintiff is entitled for interest against decretal
amount as prayed, if so, at what rate and for what period?
OPP
5. Relief
No other issue arises or pressed.
For expeditious disposal of this case, evidence of both the 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. Counsel for plaintiff has
submitted that plaintiff has no financial capacity to pay Ld. Local
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Commissioner’s fees but still evidence of the 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. Meghna Nimbekar, Advocate
Enrollment No. 3353/2020
C/o Off-205, 2nd Floor, Vardhman Arihant Tower
D-Block Market, Vivek Vihar, Delhi
Ph: 9990786955
e-mail: nmbekarmeghna@gmail.com
Parties shall bear charges of Ld. Local Commissioner @ Rs. 12,000/-
per witness, subject to conclusion of the 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 the 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.
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/ herself, or through stenographer, as the case may be,
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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 the 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 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 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.
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
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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 the parties
and shall recuse himself from recording of the 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 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 the parties, the case file shall be put up
for Final Arguments on 10.09.2026.
Meanwhile, on joint request of both counsels, matter is referred to
Mediation Centre for 29.07.2026 at 2.00 p.m.
(Devender Kumar)
District Judge (Commercial Court)-01
East District,
Karkardooma Courts, Delhi
22.07.2026
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