Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 56/26
IDBI BANK LTD Vs. RAJESH KUMAR
04.08.2026
Present: Sh. Vivek Kumar and Sh. Divyanshu Kumar, Ld.
Counsels for the plaintiff.
Sh. Khalid Ahmad, Ld. Counsel for the defendant.
Heard. File perused. Vakalatnama filed by the Ld.
Counsel for the defendant is taken on the record.
Written statement has been filed by the defendant
through E-mail on 27.07.2026 after court hours. The same shall
be considered as being filed on 28.07.2026.
The defendant was served on 10.03.2026. However,
the outer limit of 120 days for filing the WS has been elapsed.
As such the WS filed on the record by the DH shall be taken off
the record.
From the pleadings, the following notional issues are
framed:
1. Whether plaintiff is entitled to recovery of the suit
amount? ….OPP.
2. Whether plaintiff is entitled to interest? If yes, at what
rate and for what period? ….OPP
3. Relief.
Plaintiff to file list of witnesses alongwith affidavits
of witnesses within 15 days and get approved from the Court
before examination of the witnesses. Steps be also taken for
summoning of the witnesses when the date of examination of the
witness is fixed. In default, a cost of Rs.5,000/- shall be deemed
to have been imposed on the plaintiff.
At this stage, Ld. Counsels for the parties submit
that a Local Commissioner be appointed for recording of the
evidence in the present case and to achieve timely and expedient
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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. Anjali
Jain Advocate (Enrl. No.D-7768/2017 & Mob.9999049408) 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
witness.
(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 plaintiff. It is also mentioned that in case the witnesses are
not examined/cross-examined in one day/session (three hours),
the fee for the examination/cross examination of the witnesses on
the other day/session shall be paid by the respective parties. The
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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.
Plaintiff is directed to appear before Ld. Local
Commissioner for recording of evidence on 25.08.2026. The
defendant will have limited right of cross-examination of the
plaintiff’s witnesses, as per law.
A copy of this order be sent to Local Commissioner
Ms. Anjali Jain Advocate (Enrl. No.D-7768/2017 &
Mob.9999049408) and be also given dasti to the Counsel for the
plaintiff Sh. Vivek Kumar (Mobile No.9811867703) and Sh.
Khalid Azeez (Mob. No.9310464536), Ld. Counsel for the
defendant for information and necessary compliance.
At this stage, it is submitted on behalf of both the
parties that matter may be referred to the Mediation Centre,
Rohini Courts, Delhi to explore the possibility of settlement.
On joint request, matter is referred to the Mediation
Centre, Rohini Courts, Delhi for 10.08.2026 at 2:00 p.m.
Put up on 12.10.2026 for report of settlement, if any
and in case of failure of settlement, for report of the LC.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
04.08.2026
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