Order 4

Order Details: COPY OF ORDER
Pdf Text: 27 CS (COMM.) 89/24
M/s Ashok Dyestuffs Pvt Ltd Vs. New Look Learher
17.12.2024
Present: Sh. Sagar Dawar, Ld. Counsel for plaintiff.
None for defendant.
The publication citation has been received.
The defendant was served in newspaper ‘
Dainik Jagran’ dated
20.11.2024. Matter has been called out several times since morning. No
one has appeared on behalf of the defendant. It is already 2.15 P.M.
The
defendant is accordingly proceeded ex parte.
I exercise my power Under Order XV A Rule 6 (o) and (p)
CPC, directing that evidence in the matter shall be recorded by learned
Local Commissioner, appointed by this Court on commission basis.
Accordingly, it is directed that the evidence in the matter shall be recorded
on commission basis by Kunal Rai, Advocate, having mobile number
8802883321. The fee of the learned Local Commissioner is fixed as
Rs.5,000/- per 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 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. Further, at the time of PE, plaintiff shall
arrange the typist/stenographer for recording of 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 per witness.
Ahlmad/Nazir/Reader shall make available himself/herself
with the Court file and diet money for the said purpose is fixed as Rs.500/-
per visit. Learned Local Commissioner shall record verbatim in question
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and thereafter record answers verbatim. 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 on its own cost.
The Ld. Local Commissioner shall also submit typed copy thereof in the
Court.
Let list of witnesses be filed by the plaintiff within ten days.
Plaintiff is directed to contact and appear before learned Local
Commissioner on 15.01.2025 at 2.00 P.M., who thereafter may fix dates of
recording evidence as per his/her convenience.
A copy of this order be sent to learned Local Commissioner
by way of Whatsapp/E.mail for information and necessary action. The
Reader attached to this Court is directed to inform the learned Local
Commissioner telephonically also in this regard.
A copy of this order be given dasti to Ld. Counsel for
plaintiff.
List the matter for report of learned Local Commissioner/
final arguments now on 11.02.2025.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/17.12.2024
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