Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22
CS (COMM.)/709/2023
CNR NO. : DLND010109402023
CANARA BANK
VS.
SHREE BALAJI FRUIT AND VEGETABLE PROCESSING
INDUSTRIES & ORS.
16-12-2024
Present : Sh. Kumar Vishwjeet, Advocate for plaintiff.
Sh. D. P. Chaturvedi, Advocate for defendant nos. 1
to 3.
Sh. Anmol Panwar, Advocate for defendant no.4
(
Through v/c)
Sh. Praveen, Proxy Counsel is also present for
defendant no.4
Ms. Nikhat Parveen, Proxy Counsel for Sh. S. K.
Tyagi, Advocate for defendant no.5 (
Through v/c).
Heard. File perused.
At the outset, Ld. Counsel for defendant nos. 1 to 3
has pointed out from the record that receipt regarding deposit of
remaining cost of Rs.7500/- in NDLSA already placed on record
and affidavit concerning admission/ denial of documents has
already been filed by said defendants. Copy thereof already
supplied to opposite side.
Ld. Counsel of plaintiff has pointed out from the
record that affidavit of admission/ denial of documents of
defendants already filed. Copy thereof already supplied to
opposite side.
Ld. Counsel of defendant nos. 1 to 3 has also paid
cost of Rs.6,000/- in terms of order dated 16-10-2024 to counsel of
plaintiff bank. Ld. Counsel of defendant no.4 has pointed out that
CS (COMM.)/709/2023 Page 1 of 5
-- 1 of 5 --
said defendant has already paid cost of Rs.6,000/- in terms of order
dated 16-10-2024 to plaintiff bank through its counsel.
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
entertain and try the suit ? OPD Nos. 1 to 3.
2. Whether the plaintiff is entitled to recover
Rs.43,94,000/-. If so, then from which of the
defendants ? OPP
3. Whether the plaintiff is entitled to recover interest.
If so, then at what rate and for which period and
from which of the defendants ? OPP
4. Relief.
No other issue arises or is pressed for by the parties.
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
copy to each other.
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 15-01-2025
with advance copy of the same to be supplied to
the opposite party at least 2-3 days prior to the said
date.
CS (COMM.)/709/2023 Page 2 of 5
-- 2 of 5 --
2. The evidence of the plaintiff’s witness will be now
recorded on and from 21-1-2025 onwards, which
shall be concluded by 15-02-2025.
3. The defendant nos. 1 to 3 will file the affidavit(s)
of evidence of their witness(s) on record on or
before 15-02-2025 by supplying advance copy of
the same to the opposite party.
4. The evidence of the defendant nos. 1 to 3
witness(s) will be recorded on and from
17-02-2025 onwards, which shall be concluded by
12-03-2025.
5. The defendant no.4 and 5 will file the affidavit(s)
of evidence of their respective witness(s) on
record on or before 10-03-2025 by supplying
advance copy of the same to the opposite party.
6. The evidence of the defendant nos. 4 to 5
witness(s) will be recorded on and from
17-03-2025 onwards, which shall be concluded by
01-04-2025.
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 U/s 16 of the Commercial Courts Act, 2015.
CS (COMM.)/709/2023 Page 3 of 5
-- 3 of 5 --
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 Local 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. Kamlesh Kumar, Retd.
District Judge, Delhi having mobile no. : 9971208844. Ld. Local
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. Local
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. Local Commissioner shall be
Rs.7,500/- 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 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. Local Commissioner for recording of PE and
defendant shall bear the expenses of Ld. Local 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.1000/- per day which shall be in addition to fee for
LC per sitting. Similar direction would apply at the stage of DE as
well.
CS (COMM.)/709/2023 Page 4 of 5
-- 4 of 5 --
Ahlmad/Nazir/Reader shall made himself available
with the court file and diet money for the said purpose is fixed
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.
Local Commissioner on 21-1-2025 for the purpose of recording of
evidence as per the above schedule. In case parties do not contact
Ld. Local Commissioner on or after said date, Ld. LC may file
report stating so within 2 weeks from 21-1-2025.
Copy of the order be provided to Ld. Local
Commissioner by way of Whatsapp/ e-mail for information and
necessary action.
Put up on 02-4-2025 for awaiting report of Local
Commissioner and further proceedings.
(VIDYA PRAKASH)
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
16-12-2024(r)
CS (COMM.)/709/2023 Page 5 of 5
-- 5 of 5 --