Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CS (COMM.) 918/24
Manjusha Healthcare Pvt Ltd Vs. Punjab National Bank
12.08.2025
Present: Sh. Anubhav Tyagi, Ld. Counsel for the Plaintiff.
Sh. Vibhor Sharma, Ld. Counsel for the defendant.
The plaintiff has filed replication to the WS, reply to
the application seeking condonation of delay with list/Index.
Copy has already been supplied.
The defendant has filed an application under Order 8
Rule 1 CPC on 08.08.2025.
Arguments on the above application heard.
The defendant was served with the summons of the
suit on 03.03.2025. The written statement has been filed on
04.06.2025 and as such there is delay of 62 days in filing the WS
after excluding 30 days time available to the defendant to file
WS. The reason assigned in the application for the delay is that
the loan file of the plaintiff was got misplaced and it took time to
search out the loan file and getting prepared the WS.
The plaintiff has contested the application by filing reply
contending that the defendant had replied the legal notice issued
by the plaintiff and it shows that the defendant must have
procured all the documents before filing the reply and if the file
was misplaced, it was negligence of the defendant.
I have considered the submissions made on behalf of
the parties and perused the record.
The present suit is for recovery of Rs. 50,87,486/-.
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The defendant is seeking condonation of delay of 62 days
because of reason of misplacement of loan file of the plaintiff.
It is settled law that procedural law is handmade of
administration of justice and the parties should be given
opportunity to contest the case on merits. Since the WS has been
filed within 120 days i.e. maximum timeline for filing the WS
and for the delay caused in the matter, the plaintiff can be
compensated by way of cost, and on the other, if the delay is not
condoned, the defendant shall suffer irreparable loss and injury
and it will be deprived of contesting the case on merits.
Accordingly, the application is allowed, however subject to cost
of Rs. 10,000/- payable to the plaintiff. Subject to payment of
cost, WS is taken on record.
Replication filed by the plaintiff along with affidavit
of admission/denial of documents and declaration under order XI
Rule 6 (3). Copy already supplied.
From the pleadings of the parties, following issues
are framed for adjudication: -
1. Whether the suit is barred by limitation? OPD.
2. Whether the plaintiff is entitled to recovery of
Rs.50,87,486/- as prayed for ? OPP.
3. Whether the plaintiff is entitled to interest, if so, at what
rate and for which period? OPP.
4. Relief
No other issues arises or is pressed upon.
First case management hearing done.
Both parties are directed to file their respective list
of witnesses within 2 weeks from date of this order with advance
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copy to each other.
The parties shall lead their respective evidence, as
per the following schedule :
1. The plaintiff will file the affidavit(s) of evidence of its
witness(s) on record on or before 31.08.2025 with
direction to supply advance copy thereof to the opposite
party at least 2-3 days prior to the said date.
2. The evidence of the plaintiff’s witness(s) will be recorded
on and from 07.09.2025 onward, which shall be completed
by 31.10.2025 positively.
3. The defendant will file the affidavit(s) of evidence of its
witness(s) on record on or before 07.11.2025 with
direction to supply advance copy thereof to the opposite
party at least 2-3 days prior to the said date.
4. The evidence of the defendant’s witness(s) will be
recorded on and from 15.11.2025 onward, which shall be
completed by 31.12.2025.
The parties are directed to adhere to this time-line,
failing which adverse consequences will follow in accordance
with the provisions of The Commercial Courts Act.
It is hereby made clear that in case due to any
reason, the purpose for which the matter is fixed, is not
concluded, the matter shall be taken up on the next working day.
Any unjustified, non-compliance of the aforesaid directions and
delay in the above mentioned time lines, may lead to
consequences for non-compliance as per Order XVA Rule 8 CPC
pursuant to the schedule under Section 16 of the Commercial
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Courts Act, 2015.
For recording evidence, the Court exercises the
power conferred under Order XV A Rule 6 (o) and (p) CPC by
directing that evidence shall be recorded by Court Commissioner,
appointed by this Court on commission basis. Accordingly, it is
directed that plaintiff evidence (PE) and defendant evidence (DE)
shall be recorded on commission basis by Sh. O.P. Gupta,
Ld. Principal District & Sessions Judge (Retd.), Mobile No.
9910384645.
The Ld. Court Commissioner shall record the
evidence of the witnesses verbatim. In case of any objection
raised by any party, same shall be recorded verbatim, which shall
be adjudicated by this Court. Ld. Court Commissioner on the
same day shall supply the copy of the evidence recorded to both
the parties on their own cost and also submit typed copy
alongwith the relevant proceedings in the Court by next date so
fixed.
The fee of the Ld. Court Commissioner shall be
15,000	₹ /- per sitting. The evidence shall be recorded at Judges
Library, Patiala House Courts or any other place as per
convenience of Ld. Court Commissioner on date and time agreed
by both parties but not later than the date fixed by this Court for
submitting the report.
It is further directed that the plaintiff shall bear the
expenses of Ld. Court Commissioner for recording of PE and
defendant shall bear the expenses of Ld. Court Commissioner for
recording of DE. Further at the time of PE, plaintiff shall arrange
typist/ stenographer for recording of evidence, failing which Ld.
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Court Commissioner shall arrange for the same and in that
eventuality, the plaintiff has to bear 750/- per day which shall be
in addition to fee for Ld. Court Commissioner per sitting. Similar
direction would apply at the stage of DE as well.
Ahlmad/Nazir/Reader shall made himself available
with the Court file and diet money for the said purpose is fixed at
Rs. 500/-.
In case any party seeks adjournment or recording of
evidence is adjourned then the party at fault shall pay the
expenses of the Commission for the said date.
Parties are directed to contact and appear before
Ld. Court Commissioner on 18.08.2025 for the purpose of
recording of evidence as per the above schedule. In case parties
do not contact Ld. Court Commissioner on or after said date,
Ld. Court Commissioner may file report stating so within 2
weeks from the said date.
Copy of the order be provided to Ld. Court
Commissioner by way of Whatsapp/ e-mail for information and
necessary action.
Put up on 08.01.2026 for awaiting report of Court
Commissioner and further proceedings.
(Balwant Rai Bansal)
District Judge (Commercial Court)-02
Patiala House Courts, New Delhi.
12.08.2025
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