Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22
CS (COMM.)/563/2023
DLND010087912023
M/S. AHUJA SALES CORPORATION
VS.
M/S TSK HOSPITALITY LLP
24.09.2025
Present: Sh. Amandeep Singh, Counsel for Plaintiff (through
video conferencing).
(Having mobile no. 9873967070)
Ms. Aastha Mishra, Proxy for Sh. Kaustubh Prakash,
Counsel for Defendant.
(Main Counsel mobile no. 8347032344)
Pleadings are complete. From the pleadings of the
parties and material available on record, following issues are
framed :-
ISSUES
1. Whether this court lacks territorial jurisdiction to try
and entertain the present suit ? OPD.
2. Whether the present suit is based on the basis of
fictitious cause of action ? OPD.
3. Whether the plaintiff is entitled to recover the suit
amount of Rs.15,70,134/- as prayed for, from the
defendant ? OPP
4. Whether the plaintiff is entitled to recover interest
from the defendant ? If yes, then at what rate and for
which period ? OPP
5. Relief.
Contd:-
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No other issue arises or is pressed for by the parties.
First case management hearing is done.
Both parties are directed to file their respective list
of witnesses within 15 days from date of this order with advance
copy to each other. At the request of counsel of plaintiff that AR
of plaintiff is out of India, the parties are directed to file their
respective list of witnesses within 21 days from today.
The parties shall lead their respective evidence, as
per the following schedule :
1. The plaintiff will file the affidavits of evidence of
their witnesses on record on or before 15.10.2025
with advance copy of the same to be supplied to
the opposite party at least 2-3 days prior to the
said date.
2. The evidence of the plaintiffs’ witness(s) will be
now recorded on and from 27.10.2025 onwards
and same shall be concluded by 31.12.2025.
3. The defendant will file the affidavits of evidence
of its witnesses on record on or before
07.01.2026 by supplying copy of the same to the
opposite party.
4. The evidence of the defendant’s witnesses will be
recorded on and from 10.01.2026 onwards and
same shall be concluded by 15.02.2026.
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.
Contd:-
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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 U/s 16 of the Commercial Courts Act,
2015.
For recording evidence, the Court exercise 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. Puneet Raj
Advocate, having mobile No.: 9654121121, who is present in the
Court in some other matter. 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
Rs.6000/- per sitting. The evidence shall be recorded at Judges
Library, Patiala House Courts or any other place as per
convenience of Ld. LC on date and time agreed by both parties
Contd:-
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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.
LC shall arrange for the same and in that eventuality, the plaintiff
has to bear Rs.750/- per day which shall be in addition to fee for
LC 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
Rs.750/-.
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 27.09.2025 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. LC
may file report stating so within 2 weeks.
Copy of the order be provided to Ld. Court
Commissioner by way of Whatsapp/ e-mail for information and
necessary action.
Contd:-
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Put up on 20.02.2026 for awaiting report of Court
Commissioner and further proceedings.
Balwant Rai Bansal
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
24.09.2025
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