Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) No. 316/25
M/S FUTURE INFO EDGE PVT. LTD Vs. TUSHAR ANAND
17.07.2025
Present: Sh. Vatan Khatri, Ld. Counsel for the counter
claimant.
Sh. Parmender Kumar, Ld. Counsel for the
respondent through VC.
Affidavit of admission/denial filed by the counter
claimant to the documents of the respondent. E-copy supplied.
Pleadings are complete. On the pleadings of the
parties, following issues are framed:-
1. Whether the counter claimant is entitled to recovery of
the counter claim amount? OPC
2. Whether counter claimant is entitled to interest? If yes,
at what rate and for what period? OPC.
3. Whether the counter claimant is entitled for decree of
mandatory injunction as prayed for ? OPC.
4. Whether the counter claim is barred by limitation ?
OPR
5. Relief
No other issue arises nor pressed.
The parties are directed to file their respective list of
witnesses and get the same approved from the court before the
examination of witnesses. Affidavits of all the witnesses be filed
by the parties within a period of two weeks from today and
advance copies of the same be exchanged between the parties. In
default, a cost of Rs.10,000/- shall be deemed to have been
imposed on the defaulting party.
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At this stage, both the parties agree that Local
Commissioner be appointed for recording of the evidence in the
present case. Hence, Sh. Pankaj Sharma, Advocate, Enrl. No.
D/1755/2013 mobile no. 9990659354 is hereby appointed as
Local Commissioner for recording the evidence of the counter
claimant as well as respondent's witness. 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
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.
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(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. 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.
Parties are directed to appear before Ld. Local
Commissioner on 25.07.2025 at 2.00 pm 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 21.08.2025.
A copy of this order be sent to Sh. Pankaj Sharma,
Advocate, Enrl. No. D/1755/2013 mobile no. 9990659354 and
be also given dasti to the Counsel for the the counter claimant
Sh. Tarun Shokeen (Mobile no. 9811484755) and to the counsel
for the respondent Sh. Sahib Rajput/Sh. Parmender Kumar
(Mobile no. 9811888733/7678225779) and for information and
necessary compliance.
Put up for final arguments on 21.08.2025.
(AMIT KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
17.07.2025
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