Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) No. 6888/24
Sonia Gupta Vs. MOHAMMAD SHAMSHER ALAM
14.05.2025
Present: Sh. Binod K. Aggarwal and Sh. Ujjawal Aggarwal,
Ld. Counsels for the plaintiff.
Sh. Gaurav Srivastava, Ld. proxy Counsel for the
defendant through VC.
Defendant has already filed affidavit of
admission/denial to the plaintiff’s documents. Copy already
supplied.
Replication along with affidavit of admission/denial
to the defendant's documents filed on behalf of the plaintiff.
Copy stated to be supplied. Pleadings are complete.
On the pleadings of the parties, following 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 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. Anshul Garg, Advocate (Enrol.
D/4128/18) (Mobile no. 8285337841/9555972143) is hereby
appointed as Local Commissioner for recording the evidence of
the plaintiff as well as defendant'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 09.07.2025 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 10.09.2025.
A copy of this order be sent to Sh. Anshul Garg,
Advocate (Enrol. D/4128/18) (Mobile no. 8285337841/
9555972143) and be also given dasti to the Counsel for the
plaintiff Sh. Binod K. Agrawal (Mobile no. 9810287596) and
counsel for the defendant Ms. Samiksha Sakshi (Mobile no.
8527781158) for information and necessary compliance.
Matter be listed for final arguments on 10.09.2025.
(AMIT KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
14.05.2025
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