Interim Order 46

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CS (COMM.) 286/23 B. L. AGRO INDUSTRIES LIMITED VS.
NUTRIVATIVE FOODS PRIVATE LIMITED
09.01.2026
Present : Sh. Rajesh Sharma and Sh. Shailender Kumar,
Ld. counsels for plaintiff.
Sh. Tanishq Sharma, Ld. counsel for defendant (VC).
An application u/o XIV Rule 5 r/w Section 151 CPC has
been filed on behalf of plaintiff for framing of additional issues.
After advancing some arguments, learned counsel for
plaintiff submits that he does not wish to pursue his application and
wants to withdraw the present application.
In view of the submissions made by learned counsel for
plaintiff, the application u/o XIV Rule 5 r/w Section 151 CPC filed
on behalf of plaintiff is dismissed as withdrawn, as prayed for.
Matter is listed for PE.
Learned counsel for plaintiff has filed list of witnesses
along with evidence affidavit of PW-1.
At this stage, learned counsels for plaintiff prays that the
Local Commissioner be appointed for recording of evidence in the
present case. Request not objected to by the learned counsel for the
defendant.
Learned counsels for the parties are apprised about the
appointment of Local Commissioner and procedure for recording of
evidence. With the consent of the parties, Ms. Astha Tyagi, Advocate,
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Office at : K-12A Basement, Lajpat Nagar Part II, New Delhi-110024,
Mobile No.9818860225, email ID: asthaa.tyagi@gmail.com, is hereby
appointed as Local Commissioner for recording the evidence in the
present matter in terms of Order 18 Rule 4(2) CPC. Ld. Local
Commissioner has been given guidelines that evidence shall be
recorded preferably on the same day and if it is not possible on the
same day, then on the next day and that the Ld. Local Commissioner
shall administer Oath to the witness under examination as a delegate
of the Court as per Oath Act. Evidence shall continue on day to day
basis, till conclusion. Any alteration in schedule for recording of
evidence, if needed shall be decided by the Ld. Commissioner as per
continence of all concern. Ld. Commissioner shall record evidence in
Judges Library, Patiala House Courts during Court hours. Ld.
Commissioner shall conclude the recording of evidence preferably on
the same day or within shortest time possible as per schedule
mentioned above but not later than within 45 days of assignment of
the case. Once started, the cross examination shall be conditioned on
day to day basis. In case of any hardship, viz a viz ill heath etc, the
case can be deferred for a short span of 2-3 days. Any alteration in
schedule for recording of evidence, if needed shall be decided by the
Ld. Commissioner as per convenience of all concerned.
Ld. Commissioner shall exhibit all the documents
sought to be proved by a party on record. In case of any objection, to
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exhibition of the documents by either side, the objection shall be
recorded in detail and left open with an assurance that mere marking
of such exhibits will not be treated as conclusive proof thereof and that
admissibility of such document shall be decided by the referral Court
at final stage. Ld. Commissioner will categorically mention a
document OSR, in case, original documents are seen and returned. 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 to answer.
Renumeration fees of Local Commissioner is fixed @
Rs.5000/- per hearing/for two hours including the cost of typing. Such
renumeration shall be paid by the parties directly for each days work
against due receipt. It is directed that at the time of recording the
evidence, one of the Ahlmad shall remain present with judicial record
and he shall be paid a sum of Rs.500/- per day. The Ahlmad shall
ensure the safety of the judicial record. Each party shall bear the cost
of leading its evidence separately. However, in case, adjournment is
sought by any of the parties, cost for that day, shall be borne by the
party seeking adjournment. All payments shall be redeemable as cost
of litigation at the end of the suit.
Parties are directed to appear before Ld. Local
Commissioner for recording of evidence on 29.01.2026 at 2:00 PM.
Local Commissioner be informed accordingly.
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Renotify the matter for report of LC on 08.04.2026.
Above date and time is given as per convenience of
learned Counsels for the parties who are present in the court. Copy of
this order be given
dasti to the respective parties and Local
Commissioner.
( DEEPALI SHARMA )
District Judge (Commercial Court)-03
PHC / New Delhi / 09.01.2026
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