Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)/190/2023
DLNW010024802023
ASSOCIATED REFRACTORIES AND MINRALS
Vs.
SANMATI EXIM PVT LTD AND ANR.
13.09.2024
Present: Sh. Ram Kishan and Sh. Pramod Kumar, Ld.
Counsel for plaintiff.
Sh. Ravinder, Ld. Proxy Counsel for defendant.
(
Through VC)
At request of Ld. Counsel for plaintiff, application
filed on behalf of plaintiff u/o 13A r/w Section 151 CPC stands
dismissed as withdrawn.
It is submitted by both the sides that requisite
Affidavit of admission/denial of documents has been filed. Both
the parties are directed to physically mark the documents as per
the affidavit, within one week. Opportunity granted and stage
stands closed.
Heard on the issues.
Proposed issued filed on behalf of plaintiff.
Following issues have been raised, made out and
accordingly, framed as under:-
1. Whether this Court does not have territorial
jurisdiction to entertain the present Suit ? OPD.
2. Whether the plaintiff is entitled to a Decree for
Recovery in the sum of Rs.15,48,033/- or any other
amount, against the defendant(s) ? If yes, then from
which defendant(s) ? OPP.
3. Whether the plaintiff is entitled to any interest on
the decretal amount ? If Yes, at what rate and for
which period ? OPP
4.
Relief.
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No other issue arises or is pressed/claimed.
Also heard on case management hearing.
At this stage, respective Counsels for the parties
have consented for recording of evidence before Local
Commissioner.
Therefore, 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. Abhishek Pandey, (Mob.
No.9810881297) (E-mail ID- abhishekpandey0496@gmail.com).
A remuneration of the Local Commissioner is fixed at
Rs.15,000/- to be borne by each party, leading its evidence. The
remuneration paid shall take care of two sittings for each party
and thereafter, there shall be a fee @ Rs.7,000/- per sitting,
payable to the Ld. Local Commissioner. The 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. 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
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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.700/-. 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 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 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 a week, to fix the dates for recording
of evidence. Copy of the order be given to Ld. Local
Commissioner by way of Whatsapp/ e-mail for information and
necessary action.
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Put up for report of Ld. Local Commissioner on
06.01.2025.
( Preeti Agrawal Gupta )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
13.09.2024
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