Interim Order 20

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) No.45/2024
M/S. DARPAN GLASS THROUGH
ITS PROPRIETOR ABDUL GAFFAR MALIK
VS.
M/S. THE TILE WHOLESALER & ORS.
15.09.2025.
Present: Ms. Karishma Mehra, Ld. Counsel for the plaintiff
(Mob.9873798366) alongwith plaintiff.
I have perused the record. The defendant failed to
appear despite being served and was proceeded ex-parte vide
order dated 12.08.2025 of my Ld. Predecessor. From the
pleadings, the following notional issues are framed:
(1) Whether the Plaintiff is entitled to Decree in the sum
of Rs.10,81,734/- as prayed for? .... OPP
(2) Whether the Plaintiff is entitled to any interest and if
so, at what rate, at what amount and for what
period? …. OPP
(3) Relief.
Physical copy of evidence by way of affidavit of PW1
is filed. Be taken on record.
To achieve timely and expedient disposal of this case,
a decision is arrived at for recording of evidence by way of Court
Commissioner as provided under Order 15A Rule 6 (l) of the
Commercial Courts Act and Order XXVI Rule 4A read with
Order 18 Rule 4 CPC. Evidence in this case shall be recorded
before Ld. Local Commissioner Sh. Shriram Verma, Advocate
(Enrl. No.D-2017/2015 & Mob.9953585113) at the earliest. The
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terms of the assignment are as under:
(1) The evidence shall be recorded in this Court premises and
Ahlmad/Assistant Ahlmad shall make available the court file to
the LC while recording the evidence and the parties are required
to pay a sum of Rs.500/- per hearing to the Ahlmad/Assistant
Ahlmad for making available the file.
(2) Ld. Local Commissioner shall administer oath to the
witness under examination as per the Oaths Act.
(3) The evidence shall be preferably typed on a paper or in
case of non availability, the same shall be neatly hand written.
(4) Ld. Local Commissioner shall comply with the provisions
of Order 18 Rule 4 CPC while recording the evidences of the
witnesses.
(5) The documents shall be exhibited but in case of any
objection to the exhibition of documents the same shall be
recorded by the Local Commissioner.
(6) 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 must answer.
(7) Remuneration fee for recording of evidence is fixed at
Rs.15,000/- for each, main/public witness and Rs.10,000/- for
official witnesses, which shall be paid to Ld. LC in advance, by
the plaintiff. It is also mentioned that in case the witnesses are
not examined in one day/session (three hours), the fee for the
examination of the witnesses on the other day/session shall be
paid by the plaintiff. The stenographer be arranged by LC and the
actual cost of typing shall be paid by the plaintiff to Ld. LC (upto
Rs.1,000/- per witness). Further, in case any adjournment is
sought by any party, the fees of Ld. LC of that particular day
shall be paid by the party seeking adjournment.
Plaintiff is directed to appear before Ld. Local
Commissioner for recording of evidence. The Ld. LC may fix
other date of recording of evidence in consultation with the
plaintiff, and to conclude the evidence prior to final arguments.
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Report be filed by Ld. Local Commissioner on or
before the next date of hearing.
Put up for final arguments on 13.10.2025.
A copy of this order be sent to the Local
Commissioner and be also given dasti to the counsel for the
plaintiff for information and necessary compliance.
(GORAKH NATH PANDEY)
District Judge (Commercial Court)
North East District: Karkardooma
Courts:Delhi/15.09.2025
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