Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 403/25
LAKHI RAM KASHI RAM Vs. KAPIL GIRDHAR
03.08.2026
Present: Malvica Satija, Ld. Counsel for the plaintiff through
VC.
None for the defendant.
None is present on behalf of the defendant, despite
calls. However, in the interest of justice, no adverse order is
being passed against the defendant.
It is stated that the pleadings are complete in this
case.
From the pleadings of the parties, the following
issues are framed:
1. Whether plaintiff is entitled to recovery of the suit
amount? ….OPP.
2. Whether suit is barred by limitation ? …. OP Parties.
3. Whether this Court has not territorial jurisdiction to try
the present suit ? …OPD
4. Whether plaintiff is entitled to interest? If yes, at what
rate and for what period? ….OPP
5. Relief.
Both the parties are directed 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. Counsel for plaintiff agrees that
Local Commissioner be appointed for recording of the evidence
in the present case and to achieve timely and expedient disposal
of this case, a decision is arrived at for recording of evidence by
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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 Sh. Jitender Kumar
Kranti, Advocate (Enrl. No.D/3648/13 & Mob. 8512893798) 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.
Both the parties are directed to appear before Ld.
Local Commissioner for recording of evidence on 21.08.2026.
A copy of this order be sent to Local Commissioner
Sh. Jitender Kumar Kranti, Advocate (Enrl. No.D/3648/13 &
Mob. 8512893798) and be also given dasti to the Counsel for
the plaintiff Ms. Malvica Satija (Mobile No.9717259461) and
Sh.Nitin Ahlawat, Ld. Counsel for defendant (mobile
No.9670707818) for information and necessary compliance.
Put up for filing of report of LC on 09.10.2026.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
03.08.2026
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