Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) No. 262/24
Punjab National Bank Vs. Amit Kumar
04.06.2025
Present: Sh. N.A. Amani, Ld. Counsel for the plaintiff bank.
None for the defendant.
It is stated for the plaintiff that defendant has not
paid even a single penny after settlement and after assuring this
court on the last date of hearing that he shall deposit Rs. 30,000/-
on 21.05.2025 and balance Rs. 13,000/- for the first installment
on or before the today’s date and therefore, the suit should be
proceeded on merit.
The mediation settlement reflects that in case of
non-payment of the settlement amount, the suit shall proceed as
per the law.
Infacts, the matter is now listed for plaintiff’s
evidence as there is no WS on record.
On the pleadings of the plaint, 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.
No other issue arises nor pressed.
The plaintiff is directed to file its 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
plaintiff within a period of two weeks from today. In default,
a cost of Rs.10,000/- shall be deemed to have been imposed on
the defaulting party. ...contd.2
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At this stage, the plaintiff agrees that Local
Commissioner be appointed for recording of the evidence in the
present case. Hence, Sh. Parveen Baruwa, Advocate (Enrol. no.
D/4254/2017 and mobile no. 9716840462) is hereby appointed as
Local Commissioner for recording the evidence of the plaintiff'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 the
plaintiff is 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/she shall record his
objection but shall allow the question to be put and
witness must answer.
...contd.3
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(9) Remuneration fee for recording of evidence is fixed at
Rs. 5,000/- for each, main/public witness and Rs. 2,000/-
each for official witnesses, which shall be paid to Ld. LC
in advance, by the plaintiff. The stenographer be arranged
by LC and the actual cost of typing shall be paid by the
plaintiff to Ld. LC. Further, in case any adjournment is
sought by the plaintiff, the fees of Ld. LC of that
particular day shall be paid by the plaintiff.
Plaintiff/its counsel is directed to appear before Ld.
Local Commissioner on 22.07.2025 at 2.00 pm for recording of
evidence. The Ld. LC may fix other date of recording of
evidence in consultation with the plaintiff, and to conclude the
evidence prior to final arguments.
Report be filed by Ld. Local Commissioner on or
before 04.09.2025.
A copy of this order be sent to LC Sh. Parveen
Baruwa, Advocate (Enrol. no. D/4254/2017 and mobile no.
9716840462) and be also given dasti to the Counsel for the
plaintiff Sh. M.L. Meena (Mobile no. 9868501599) for
information and necessary compliance.
Matter be listed for final arguments on 04.09.2025.
(AMIT KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
04.06.2025
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