Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 CS (COMM.)/33/2026
DLNT010004012026
Mr Yolk Marketing Private Limited
Vs.
Kirankart Wholesale Private Limited
15.10.2026
Present: Sh. Aman Gupta, Ld. Counsel for plaintiff.
Ms. Fiza Khan, Ld. Counsel for defendant.
Defendant has moved an application u/o 7 Rule 11
CPC.
Perusal of the application reflects that the defendant
has quoted law extensively with regard to the Order 7 Rule 11
CPC however no substantial reason for rejection of plaint is
reflected in the application. Precious judicial time has been
consumed on hearing this application. Ld. Counsel for defendant
is given an opportunity to withdraw this application but she
wishes to dispose off this application. In view of aforesaid facts
and circumstances, application u/o 7 Rule 11 CPC is hereby
dismissed subject to cost of Rs.5,000/- to be paid to the plaintiff.
At this stage, Ld. Counsel for defendant seeks to
withdraw the application u/o 7 Rule 11 CPC. The same is hereby
dismissed as withdrawn.
An application u/s 151 CPC was filed by the
plaintiff directing the defendant to supply the clear and legible
copy of the written statement. Ld. Counsel for defendant states
that the same has now been supplied. Application is therefore
disposed off. Replication alongwith the affidavit of
admission/denial by the plaintiff has already been filed. Copy of
-- 1 of 5 --
-2-
the same have already been supplied to the defendant. Pleadings
in the matter are complete.
From the pleadings following issues are being
framed :
1. Whether the plaintiff has no cause of action to
institute the present suit? OPD.
2. Whether this Court has no territorial jurisdiction to
entertain the present suit? OPD.
3. Whether the plaintiff has suppressed the material
documents to institute the present suit? OPD
4. Whether the plaintiff is entitled for decree of sum of
Rs.77,97,820.62/-, as prayed for? OPP.
2. Whether the plaintiff is entitled for pendent lite and
future interest, if so, at what rate? OPP.
3. Relief.
No other issue arises or pressed for. List of witnesses
be filed within two weeks from today.
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 Dr. Satinder Kumar
Gautam, Advocate, Enroll. No. D-310/1985, Retired Ld.
District Judge, having mobile No. 9910384762 and
-- 2 of 5 --
-3-
chamber No. 131, Rohini Court complex, New Delhi 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 by the either side
the same shall be recorded by the Local Commissioner.
(6) On the request of Ld. Counsel, cross examining the
witness, portions of deposition may be recorded in
question answer form.
(7) All the objections raised during cross-examination/re-
examination shall be recorded in the deposition under the
title objections and shall be left open for the decision of
the Court at the stage of final arguments. Witness shall not
refuse to the answer the question raised.
(8) 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.
(9) Remuneration fee for recording of evidence is fixed at
Rs.10,000/- for each, main/public witness and Rs.5,000/-
each for official witnesses, which shall be paid to Ld. LC
in advance, by the respective party. The stenographer be
arranged by LC and the actual cost of typing shall be paid
by the plaintiff/defendant to Ld. LC (upto Rs.1,000/- per
witness). Further, in case any adjournment is sought by
either of the parties, the fees of Ld. LC of that particular
day shall be paid by the party seeking adjournment.
-- 3 of 5 --
-4-
(10) Exhibition shall be in the following manner:-
A)
(i) The affidavit in evidence of plaintiff’s witnesses shall be
exhibited as Ex.PW1/A, Ex.PW2/A, Ex.PW3/A and so
on.
(ii) Affidavit in evidence of the defendant’s witnesses shall be
exhibited as Ex.DW1/A, Ex.DW2/A and Ex.DW3/A and
so on.
B)
(i) The documents of the plaintiff which are original,
certified copies or computer print outs accompanied by
certificate(s) U/s 65-B of Indian Evidence Act or 63 of
BSA shall be exhibited and their numbers shall be
exhibit as Ex.PW1/1, Ex.PW1/2, Ex.PW1/3 and so on.
(ii) The documents of the defendant which are original,
certified copies or computer print outs accompanied by
certificate(s) U/s 65-B of Indian Evidence Act or 63 of
BSA shall be exhibited and their number shall be exhibit
as Ex.DW1/1, Ex.DW1/2, Ex.DW1/3 and so on.
C)
(i) The documents of the plaintiff which are only
photostat copies, shall be marked as Mark P1, Mark
P2, Mark P3 and so on.
(ii) The documents of the defendant which are only
photostat copies, shall be marked as Mark D1, Mark
D2, Mark D3 and so on.
D)
No two documents shall be exhibited collectively. Every
document shall be exhibited individually.
E)
If the documents have been exhibited wrongly in
affidavit in evidence, the correction cannot be made
in the affidavit after attestation. In that eventuality
when the affidavit is being tendered, the documents
shall be de-exhibited and re-exhibited before the
Local Commissioner in above manner.
-- 4 of 5 --
-5-
F) The Local Commissioner is to furnish report in following
form:
(i) He shall mention in brief the steps taken by him on each
and every date.
(ii) Thereafter he shall annex order-sheets in chronological
order.
(iii) Then he shall annex affidavit in evidence of plaintiff’s
witness, his examination-in-chief and thereafter cross
examination.
(iv) Then he shall annex affidavit in evidence of defendant’s
witness, his examination-in-chief and thereafter cross
examination.
(v) Thereafter he will annex the documents.
Parties are 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
parties, and to conclude the evidence prior to final arguments.
Report be filed by Ld. Local Commissioner on or
before 14.01.2027.
(Mohd. Farrukh )
District Judge (Commercial)-02
North District, Rohini Courts,
Delhi/15.10.2026
-- 5 of 5 --