Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 356/25
Rahul Attal Vs. M/S Acex Career Vista LLP
04.06.2026
Present: Sh. Raj Kumar, Ld. Counsel for the plaintiff
alongwith plaintiff.
Sh. Ujjaval Pandey, Ld. Counsel for the defendant.
An application bearing no. IA/2/2026 has been
moved on behalf of the defendant to recall PW-1. It is stated in
the application that case was listed before the Ld. Local
Commissioner for cross-examination on 03.02.2026. It is stated
that on that day phone of Sh. V.K.Mishra i.e. Authorized
Signatory of the defendant was damaged. Due to this difficulty,
he had not approached before the Ld. Local Commissioner. It is
further stated that Ld. Counsel for defendant has not acted as
per the requirements of the case and has not appeared before the
Ld. Local Commissioner and because of his coercive act
defendant should not suffer.
During the course of arguments, a query has been
put to the counsel for defendant whether they can produce the
call details of the mobile of Sh. V.K.Jha pertaining to dt.
03.02.2026.
At this stage, upon query of the Court, Ld. Counsel
for defendant submits that whatsapp of Sh. V.K.Mishra was not
working as he was using a key pad phone and SIM was working.
Heard. Considered.
Ld. Local Commisioner has also filed his report. On
perusal of report of Ld. Local Commissioner, Ld. Local
Commissioner has categorically stated that no response have
been received on behalf of the defendant even having knowledge
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of the date through whatsapp. The number of the AR of the
defendant was working on 03.02.2026 and defendant has not
inform the Ld. Local Commissioner that they will engage any
new counsel. The plea taken by the defendant shows clear
negligence of the defendant.
However, in the interest of justice, application stands
allowed and one opportunity is granted to the plaintiff to recall
PW-1 subject to cost of Rs. 20,000/- upon the defendant to be
paid to the plaintiff. Cost of the Ld. Local Commissioner will
also be paid by the defendant.
In view of above terms, application bearing no.
IA/2/2026 stands disposed of accordingly.
At this stage, Ld. Counsel for defendant submits that
he is not pressing the application and wants to withdraw the
present application. The oral statement of Ld. Counsel for
defendant is taken on record in this regard. Since this Court has
already passed the order on the application bearing no.
IA/2/2026, liberty to recall the witness is closed as defendant
does not want to pay the cost. Ld. Counsel for defendant submits
that he is ready for arguments finally.
Another application bearing no. IA/1/2026 u/sec.
151 CPC moved on behalf of the defendant being infructuous
and disposed of accordingly.
Arguments heard finally.
Put up for judgement/clarifications, if any on
02.07.2026.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
04.06.2026
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