Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) NO.55/2026
M/S. SHAN ENTERPRISES
VS.
M/S. ATIRA DESIGNS PVT. LTD. & ANR.
20.07.2026
Present: Sh. Syed Ajmal Hasan Ld. Counsel for the plaintiff
through VC (mob.9210470402).
Ms. Kavita Nailwal, Ld. Counsel for the defendant.
Memo of appearance is filed on behalf of the
defendant. Be taken on record.
I have perused the record. The defendant has been
served on 09.06.2026 but no written statement has been filed by
the defendant within the period of 30 days as prescribed under
the Commercial Courts Act. No WS has been filed even today.
As such the right of the defendant to file WS is closed and her
defence is hereby struck off.
In so far as 120 days are yet to elapse, the defendant is
at liberty to move appropriate application seeking condonation of
delay in filing WS within this window.
From the pleadings, the following notional issues are
framed:
(1) Whether the Plaintiff is entitled to Decree in the sum of
Rs.8,68,000/- 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.
The plaintiff is directed to file the list of witnesses
alongwith affidavit of witnesses within three days from today and
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get the same approved from the court before examination of the
witnesses. In default, a cost of Rs.10,000/- shall be deemed to
have been imposed on the plaintiff.
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 Ms. NIHARIKA PANDEY,
ADVOCATE, Enroll. no.D/11722/2023 and Mob. 7982883997,
8287120357 at the earliest. The 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.10,000/- for each, main/public witness and Rs.5,000/- for
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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.
Report be filed by Ld. Local Commissioner on or
before the next date of hearing.
Put up for final arguments on 31.07.2026.
A copy of this order be sent to the Local
Commissioner and be also given dasti to the counsel for the
parties for information and necessary compliance.
(GORAKH NATH PANDEY)
District Judge (Commercial Court)
North East District: Karkardooma Courts:
Delhi/20.07.2026
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