Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.81/2026
M/S. MEERA FAB VS. NAVEL ALI
(CNR No.DLNE01-002663-2026)
28.09.2026
File is taken up today on an application under Order
XLVII Rule 1 read with Section 151 CPC for
recall/review/modification of the order dated 24.09.2026 filed on
behalf of the defendant.
Present: Sh. G. S. Gulati, Ld. Counsel for the plaintiff.
Sh. Nadeem Khan, Ld. Counsel for the defendant.
Arguments heard and perused the record. By way of
the application on hand, the defendant seeks to recall the order
dated 24.09.2026 whereby the application of the plaintiff under
Order XI Rule 1(5) CPC for placing on record the additional
documents was allowed and the Local Commissioner was
appointed to record the evidence of the parties. The contention of
the counsel for the defendant that additional documents can not
be taken on record has no substance as the documents were filed
by the plaintiff in response to the written statement. Even
otherwise, the defendant shall be at liberty to cross-examine the
plaintiff’s witness on the documents in question. As regards the
other contention regarding recording the evidence before the
Local Commissioner, the order has been passed in accordance
with law and the Local Commissioner has been appointed in
view of Order 15A Rule 6(1) of the Commerical Court Act and
Order XXVI Rule 4A read with Order 18 Rule 4 CPC to achieve
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timely and expedient disposal of the case. I find no ground for
modification in the order dated 24.09.2026. The application is
accordingly dismissed. However, the defendant shall be at liberty
to file additional affidavit of admission/denial of plaintiff’s
documents taken on record vide order dated 24.09.2026.
Put up on the date already fixed i.e. 13.10.2026.
(GORAKH NATH PANDEY)
District Judge (Commercial Court)
North East District: Karkardooma Courts:
Delhi/28.09.2026
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