Interim Order 21

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) No.45/2024
M/S. DARPAN GLASS THROUGH
ITS. PROP. ABDUL GAFFAR MALIK
VS.
M/S. THE TITLE WHOLESALER & ORS.
13.10.2025
Present : Ms. Karishma Mehra, Ld. Counsel for the plaintiff.
Today, the matter is listed for final arguments but the
plaintiff has not got recorded its evidence in terms of order dated
15.09.2025. However, an application for recalling the order dated
15.09.2025 regarding recording of evidence of the plaintiff
before the Local Commissioner is filed. Arguments heard on the
application and gone through the contention in the application. It
is submitted by the counsel for the plaintiff that the order dated
15.09.2025 has been passed without any application of mind or
consent of the plaintiff. This court finds the arguments of the Ld.
Counsel for the plaintiff regarding seeking consent before
passing the order for appointing of Local Commissioner as
absurd as there is no requirement of consent of the plaintiff in
accordance with the provisions of law. It is argued by the counsel
for the plaintiff that the plaintiff can not bear the cost of Local
Commissioner as he is already facing financial crises. The
arguments for the Ld. Counsel for the plaintiff and contention in
the application appears to have no substance as this case is not
pursued by the plaintiff through Legal Aid and the plaintiff is
suggested to approach Legal Aid for assistance as per law. The
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order dated 15.09.2025 was passed in view of the relevant
provisions of law and considering the fact that the early disposal
of the case may be achieved in this way. It is relevant to note that
this is the only Commercial Court in this District and it is
therefore, appropriate to get the examination recorded through
Local Commissioner to achieve timely disposal of this case. This
court is of the considered view that the order dated 15.09.2025 is
passed in accordance with the letter and spirit of the provisions
contained in Order 15A Rule 6 (l) of the Commercial Courts Act,
Order XXVI Rule 4A read with Order 18 Rule 4 CPC and does
not require recall. The application is , therefore, dismissed.
In the interest of justice, one more opportunity is
granted to the plaintiff to comply the order dated 15.09.2025
within 10 days positively failing which the right of the plaintiff to
lead PE shall be automatically closed.
Put up for final arguments on 31.10.2025.
Dasti as prayed.
(GORAKH NATH PANDEY)
District Judge (Commercial Court)
North East District: Karkardooma
Courts:Delhi/13.10.2025
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