Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: 7 CS (COMM.) 171/24
Mukul Gupta Marketing Pvt Ltd Vs. Ranchit Malhotra
15.05.2025
Present: Ms. Kajal Pal, Ld. Counsel for plaintiff through VC.
Sh. P. Amrit, Ld. Counsel for defendant.
The pleadings in the matter are complete. I have perused the
pleadings of the parties. On the basis of pleadings of parties, the following
issues are settled for trial in the matter:
Issues:
1. Whether plaintiff is entitled to decree of the suit
amount, as prayed for? OPP.
2. If answer to the aforesaid issue is in affirmative,
whether the plaintiff is entitled to interest thereupon.
If so, at what rate and for what period? OPP.
3. Relief.
No other issue either arises or has been pressed for.
Let the list of witnesses be filed by both the parties within two
weeks after exchanging copies thereof. The copy of evidence by way of
affidavit of witness(s) be supplied to the opposite counsel at least 24 hours
prior to the NDOH.
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 Shri Ankit, Advocate, Enrl. No.D/1552/2023,
having mobile number 8826983533. The fee of the learned Local
Commissioner is fixed as Rs.8,000/- 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 by both the parties, 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
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evidence and defendant shall bear the the expenses of learned Local
Commissioner for recording of defendant’s evidence in the matter. 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. Needless to say, same shall be the situation at
the time of recording of DE in the matter, i.e defendant would bear the
expenses of typist/stenographer @ Rs.1,000/- per day for recording of DE.
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
and thereafter record answers verbatim. In case of any objection being
raised by any of the party, 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 both the parties on their own
cost. The Ld. Local Commissioner shall also submit typed copy thereof in
the Court.
Let the list of witnesses be filed by both the parties after
exchanging copies thereof. The copy of evidence by way of affidavit of
witness(s) be also supplied to Ld. counsel for the other side.
Parties are directed to contact and appear before learned Local
Commissioner on 07.07.2025 at 2.00 P.M., who thereafter may fix dates of
recording evidence as per his convenience.
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 also given dasti to both the parties.
List the matter for report of learned Local Commissioner /
final arguments now on 12.08.2025.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/15.05.2025
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