Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27 CS (COMM.) 27/26
Sapna Singhal Vs. Rinki Kumari
01.06.2026
Present: Sh.Vaibhav Jain, Ld. Counsel for plaintiff.
Sh.Saurabh Tiwari, Ld. Counsel for defendant.
Proposed issues and list of proposed witnesses on behalf of
both the parties filed.
Pleadings in the matter are complete.
From the pleadings of parties and material on record,
following issues are arise and framed as under :-
1. Whether the franchise agreement dated 20.03.2024 is
voidable as the same was obtained without free consent
of defendant? OPD
2. Whether the plaintiff is entitled for the recovery of
Rs.16,93,765/- or any other amount from the defendant?
(OPP).
3. Whether the plaintiff is entitled to any interest?, if yes,
at what rate and for which period? (OPP)
4. Whether the plaintiff is entitled for the cost of suit, as
prayed? OPP
5. Relief.
No other issue arises or is pressed/claimed.
For recording evidence, in exercise of power envisaged
under
Order XV A Rule 6 (o) and (p) CPC, it is directed that evidence be
recorded by Local Commissioner, appointed by this Court on commission
basis. Accordingly, it is directed that plaintiff evidence and defendant
evidence shall be recorded on commission basis by (Sh. Krishna Singhal,
Advocate, Enroll No.D/8065/21, Mob. No.9711515669). A remuneration
of the Local Commissioner is fixed at Rs.10,000/- per sitting to be borne
by each party, leading its evidence. The party
who is leading the evidence,
shall bear the cost of the sitting. Parties shall ensure that they do not seek
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Sapna Singhal Vs. Rinki Kumari
any adjournment before Ld. Local Commissioner. In case any party seeks
adjournment or recording of evidence is adjourned, then the party at fault,
shall pay the expenses of the commission for said date. Parties shall
approach Ld. Local Commissioner for fixing the date of recording of
evidence. At the cost of repetition, it is clarified that plaintiff shall bear the
expenses for recording of plaintiff evidence and defendant shall bear the
expenses for recording of defendant evidence. Further at the time of PE,
plaintiff shall arrange typist/ stenographer for recording of evidence failing
which Ld. LC shall arrange same and plaintiff has to bear Rs.1,000/- per
day, which shall be in addition to fee for LC per sitting. Same shall be
situation at the time of DE.
Ahlmad/Nazir shall make available himself/herself with both
the court file and
diet money for the said purpose is fixed Rs.500/- per
sitting. The evidence shall be recorded at Judges Library, Rohini Courts or
any other place as per convenience of Ld. LC on date and time agreed by
the parties but not later than date fixed by this Court for submitting report.
Local Commissioner shall record verbatim in question and thereafter
record answers verbatim. In case of any objection raised by any party,
same shall be recorded verbatim which shall be adjudicated by this Court.
Ld. Local Commissioner on the same day, shall supply the copy of the
evidence recorded to both the parties on their own cost and also submit
typed copy in the Court. It is directed that both the parties shall file their
respective list of witnesses within one week and thereafter, file their
respective evidence by way of affidavit within a week after serving copy of
the same upon each other well in advance. It is made clear that evidence of
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Sapna Singhal Vs. Rinki Kumari
plaintiff (s) shall be recorded first and thereafter, the evidence of the
defendant (s) shall be recorded.
Parties are directed to contact and appear before Ld. Local
Commissioner within 7 days, to fix the dates for recording of evidence.
Any unjustified, non compliance of the aforesaid directions and delay in
the aforementioned time lines may lead to consequences for non-
compliance as per Order XVA Rule 8 CPC pursuant to the schedule U/s 16
of the Commercial Courts Act, 2015. Copy of this order be given to Ld.
Local Commissioner by way of whatsapp/ e-mail for information and
necessary action.
Put up for report of Ld. Local Commissioner regarding
evidence on 03.09.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
01.06.2026
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