Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 809/25
SHREE RAM PACKAGINH PRODUCTS
Vs. RLI DIE CASTING
17.08.2026
Present: Ms. Mansi Garg, Ld. Counsel for the plaintiff
alongwith AR of plaintiff.
None for defendant.
Heard. File perused.
Summons were sent through speed post received
back with report of “refusal”. However, the refusal is as good as
considered service upon the defendant under Order V Rule 5
CPC.
Ld. Counsel for plaintiff has placed on record the
affidavit of service of proof of defendant.
The written statement has not been filed so far by
the defendant. Even the outer limit of 120 days for filing the
WS has also been elapsed. As such the right of the Defendant to
file WS is closed and defence of the Defendant is hereby struck
off.
From the pleadings, the following notional issues are
framed:
1. Whether plaintiff is entitled to recovery of the suit
amount as prayed for as prayed for ? ….OPP.
2. Whether plaintiff is entitled to interest? If yes, at what
rate and for what period as prayed for? ….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 of the witnesses when the date of examination of the
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witness is fixed. In default, a cost of Rs.5,000/- shall be deemed
to have been imposed on the plaintiff.
At this stage, the 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 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. Rohit Rana,
Advocate (Enrl. No. D/7597/2021 & Mob. 9873747433) 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.
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(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.5,000/- for each, main/public witness and Rs.2,500/- 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
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.
A copy of this order be sent to Local Commissioner
Sh. Rohit Rana, Advocate (Enrl. No. D/7597/2021 & Mob.
9873747433) and be also given dasti to the Counsel for the
plaintiff Ms. Mansi Garg (Mobile No. 9711236983) for
information and necessary compliance.
Put up for filing of report of LC on 03.11.2026.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
17.08.2026
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