Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 CS (COMM.) 46/24
CANARA BANK Vs. BALVINDER SINGH
21.04.2026
Present: Sh.Sanjeev Chopra, Ld. Counsel for plaintiff.
Defendant Sh. Balvinder Singh in person.
Report of mediation received. Matter could not be settled.
Therefore, let the matter be proceeded further on merits.
The defence of the defendant is already struck off vide order
dated 10.02.2026, due to non filing of written statement.
From the pleadings of the plaintiff, following notional issues
are framed:-
1.Whether the plaintiff is entitled for the recovery of the
suit amount, as prayed? (OPP).
2. Whether the plaintiff is entitled to any interest?, if
yes, at what rate and for which period? (OPP)
3. Relief.
No other issue arises or is pressed/claimed.
Since the defence of the defendant is struck off, it is clarified
that the defendant is entitled to cross-examine the plaintiff witnesses to the
extent of challanging their case, without leading any affirmative evidence.
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 shall be recorded on
commission basis by (Ms. Isha, Advocate, Enroll No.D-5228/20, Mob.
No.8929707170). A remuneration of the Local Commissioner is fixed at
Rs.10,000/- per sitting to be borne by the party leading its evidence. The
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2.
15 CS (COMM.) 46/24
CANARA BANK Vs. BALVINDER SINGH
party
who is leading the evidence, shall bear the cost of the sitting. Parties
shall ensure that they do not seek 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. Further at the time of
evidence, 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.
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. The plaintiff shall file list of witnesses within one
week and thereafter, file evidence by way of affidavit within a week after
serving copy of the same upon other party well in advance.
Parties are directed to contact and appear before Ld. Local
Commissioner within 7 days, to fix the dates for recording of evidence.
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15 CS (COMM.) 46/24
CANARA BANK Vs. BALVINDER SINGH
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 14.07.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
21.04.2026
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