Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) No.90/26
Bank of Baroda Vs. Suman
01.06.2026
Pr: Ms. Sudha Shukla, Ld. Counsel for plaintiff.
Mr. Ashok Nigam, Ld. Counsel for defendant.
WS along with affidavit of admission-denial of documents filed on
behalf of defendant. Copy supplied.
Plaintiff has not filed replication and affidavit of admission-denial of
affidavits. Let the same be filed within 15 days with advance copy to
opposite party, in failure, consequences shall follow.
As per the pleadings of the parties following issues are framed as
under:
ISSUES
1. Whether defendant succeeded assets and liabilities of
deceased loanee Lt. Vishal Khandelwal and liable to pay suit
amount as alleged? OPP
2. Whether plaintiff is entitled for decree of suit amount of Rs.
12,17,065.29/- 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, the 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 fees of Ld. Local
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Commissioner 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:
Mr. Kshitiz Tyagi, Advocate
C/o Chamber No. E-617, 6th Floor,
Lawyer’s Chamber, Karkardooma Courts,
Delhi
Ph: 8076137081
e-mail: kshitiztyagi44@gmail.com
Plaintiff has sought recovery of outstanding loan amount advanced to
deceased loanee from his LR’s after his death, whereas there is no proof
right now that LR’s succeeded assets of deceased, due to charges / fees of
Ld. Local Commissioner shall be initially paid by the plaintiff bank and
shall be awarded as cost to plaintiff, if succeeded in trial.
The charges of Ld. Local Commissioner shall be @ Rs. 15,000/- per
witness, subject to conclusion of the evidence in two dates
(maximum 2
hours per day), thereafter, Rs. 3,500/- per hour in addition to Rs. 15,000/-
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.
However, if Ld. Local Commissioner fixes a date with the
consent of both the parties and the party, whose evidence is to be recorded
fails to examine witness on that day, shall be liable to pay abovesaid cost for
delay to Ld. Local Commissioner. Ld. Local Commissioner shall draw an
order sheet to this effect.
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The payment of charges of Ld. Local Commissioner shall be made in
cash/UPI/bank transfer/DD payable in advance and shall be adjustable as
cost of the litigation.
Ld. Local Commissioner shall record evidence of the parties in the
Courtroom in post-lunch session and evidence 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 the parties.
Ld. Local Commissioner shall not take additional document/s on
record during evidence of the parties except production of document/s 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.
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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
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 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 03.08.2026. Meanwhile, both the parties shall file a
brief written synopsis thereby exchanging copies to each other.
(Devender Kumar)
District Judge (Commercial Court)-01
East District,
Karkardooma Courts, Delhi
01.06.2026
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