Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (Comm) 708/23
M/S. INDIA TRADE LINK PVT. LTD.
VS.
M/S. NAVKAR METALS
04.07.2024
Present: Sh. Mukesh and Amit Khatri proxy for Sh. Deepak
Kohli, Ld. Counsel for the plaintiff.
None for the defendant.
The Defendant has been duly served on 19.03.2024
and 21.03.2024 respectively but the Defendant has not filed WS
within the period as prescribed under the Commercial Courts
Act. No WS has been filed even today. As such the right of the
Defendant to file WS is closed and defence of the Defendant is
struck off.
In so far as 120 days are yet to elapse, Defendant is at
liberty to move appropriate application seeking condonation of
delay in filing WS within this window.
From the pleadings, the following notional issues are
framed:-
(1) Whether the Plaintiff is entitled to Decree in the sum of
Rs.17,95,930/- as prayed for? .... OPP
(2) Whether the Plaintiff is entitled to any interest and if so, at
what rate, at what amount 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
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of the witnesses when the date of examination of the witness is
fixed. In default, a cost of Rs.10,000/- shall be deemed to have
been imposed on the plaintiff.
To achieve timely and expedient disposal of this case,
a decision is arrived at for recording of evidence by way of Court
Commissioner as provided under Order 18 Rule 4 CPC and
Order 15A Rule 6(l) CPC. Evidence in this case shall be recorded
before Ld. Local Commissioner Ms. Punam Sharma, Advocate
(Enrl. No.D-563/07 & Mob.9868073290) 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.
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(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. The 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. 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 13.08.2024 and put up for final arguments on 20.08.2024.
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A copy of this order be sent to Local Commissioner
Ms. Punam Sharma, Advocate (Enrl. No.D-563/07 &
Mob.9868073290) and be also given dasti to the Counsel for the
plaintiff Sh. Deepak Kohli (Mob.9811376026) for information
and necessary compliance.
(GORAKH NATH PANDEY)
District Judge (Commercial Court)
North:Rohini:Delhi/04.07.2024
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