Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (comm) No. 585/21
Jitender Tayal Vs. Centrum Wealth Limited & Ors
04.09.2023
Present: Sh. Nalin Dhingra, Proxy counsel, Enrol NO. D739/21,
Ph: 8588841053 for plaintiff.
Sh. Saumay Kapoor & Ms. Romi Kumari & Ms. Priya
Chauhan, Ld. Counsels for the defendant.
Ld. Counsel on behalf of defendant admitted the
documents i.e. P-1 to P-7 of the plaintiffs.
Cost of Rs. 5000/- paid.
From the pleadings of the parties, following issues
framed as under:
1. Whether there was a contract of sale of NSE shares
between the plaintiff and defendants? OPP
2. Whether the role of the defendant was limited to
introducing the plaintiff to a third-party seller of NSE shares?
OPD
3. Whether the plaintiff is entitled to relief of specific
performance of agreement dated 07.07.2021 & 08.07.2021 as
prayed for? OPP
4. Whether the plaintiff is entitled to alternative relief of
recovery of damages of Rs. 1,06,87,500/-? OPP
5. Whether the plaintiff is entitled to the relief of
permanent injunction as prayed for? OPP
6. Whether the plaintiff has to cause of action against the
defendants? OPP
7. Whether the suit is bad for misjoinder and non-joinder
of parties? OPD
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8. Whether the plaintiff has locus standi to maintain the
present suit? OPP
9. Relief.
No other issues arise or pressed for.
Parties are apprised about the appointment of Local
Commissioner and procedure for recording of evidence. With the
consent of the parties, Shri O.P Gupta, Retd. District and Sessions
Judge, Delhi, Contact No. 9910384645, email id-
opgupta.judge@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. Counsel for parties are
informed about the procedure with regard to recording to evidence by
the said Local Commissioner. Ld. LC 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. LC
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/Court Room No. 24, Patiala
House Courts after 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 60 days of assignment of the case. Once started, the cross
examination shall be conditioned on day to day basis. In case of any
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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
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 hour 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 recoding the evidence, one of
the Ahlmad shall remain present with judicial record and he shall be
paid a sum of Rs. 600/- 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.
Above date and time is given as per convenience of ld.
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Counsel for the parties as well as Local Commissioner, who are
present in the court.
Ld. Counsel for the plaintiff submits that main counsel
for the plaintiff will not be available till 14.10.2023 due to ill health
of his father.
Parties are directed to appear before Ld. Local
Commissioner on 18.10.2023 at 2:30 PM for recording of evidence.
Put up for report on 18.11.2023.
Copy of this order be given dasti to the respective parties
and Local Commissioner.
VINEETA GOYAL
District Judge (Commercial Court-03)
PHC / New Delhi / 04.09.2023
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