Order 11

Order Details: COPY OF ORDER
Pdf Text: 13 CS (COMM.) 79/24
CENTRAL BANK OF INDIA VS. LAXMI W/O MUKESH
17.10.2026
Present: Sh. Hemant Kumar, Ld. counsel for plaintiff.
Defendants are already ex parte
An application for substitution of AR of plaintiff is filed today
along with copy of Power of Attorney in favour of Sh. Amit Ranjan, Branch
Manager of paintiff bank.
Ld. Counsel for plaintiff wants to substitute the AR of plaintiff. It
is submitted that previous AR Sh. Udaiveer Gautam has been transferred
from the branch of plaintiff bank.
In view of the above facts and circumstances and in the interest
of justice, the application is allowed and now Sh. Amit Ranjan is substituted
as AR of plaintiff bank in place of Sh. Udaiveer Gautam and he shall do the
needful accordingly as per law.
No PW is present or summoned for today, however, evidence by
way of affidavit of Sh. Amit Ranjan filed. It be checked and taken on record.
It is prayed by plaintiff that Local Commissioner may be
appointed for recording of ex parte evidence in the matter.
List of witnesses be filed by plaintiff within 15 days from today.
Plaintiff is directed to file ex parte evidence by way of affidavit of the
witness within 15 days from today
In view of the above facts and circumstances, it is directed that
the evidence in the matter shall be recorded on commission basis by Sh.
Shashi Ranjan Kumar, Advocate, Enrl. No.D/932/2011, having mobile
number 9911478049. The fee of the learned Local Commissioner is fixed as
Rs.6,000/- per witness (Rs.4,000/- per formal witness). The evidence shall
be recorded at Judicial Library, Rohini District Court Complex or any other
place as per the convenience of learned Local Commissioner within the
Rohini Court Complex itself on the date and time agreed, but not later than
the date fixed by this Court for submitting report. It is hereby clarified that
plaintiff shall bear the expenses of learned Local Commissioner for
recording of plaintiff’s evidence in the matter. Further, at the time of
evidence, the plaintiff shall arrange the typist/stenographer for recording of
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evidence, failing which, learned Local Commissioner shall arrange the same
and plaintiff has to bear Rs.1,000/- per day for the same, which shall be in
addition to the fee prescribed for learned Local Commissioner.
Ahlmad/Asstt. Ahlmad/Nazir shall make available himself with
the Court file, and, diet money for the said purpose is fixed as Rs.500/- per
visit. In case of any objection being raised by the plaintiff, same shall be
recorded verbatim which shall be adjudicated by this Court. Learned Local
Commissioner on the same day shall supply the copy of evidence recorded
to the plaintiff at its own cost. The Ld. Local Commissioner shall also
submit typed copy thereof in the Court.
Plaintiff is directed to contact ld. Local Commissioner on or
before 29.10.2026., who thereafter may fix dates of recording of evidence as
per convenience of the plaintiff.
Ahlmad/Asstt. Ahlmad/Nazir attached to this Court are directed
to inform the learned Local Commissioner telephonically also in this regard.
Soft copy of this oreer be sent to Ld. Local Commissioner for information
and compliance.
A copy of this order be given dasti to Ld. Counsels for plaintiff.
List the matter for report of learned Local Commissioner/ ex
parte final arguments on 20.02.2027.
(Manish Gupta)
District Judge (Commercial Court)-02
North-West/Rohini Courts/Delhi/17.10.2026
G
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