Order 5

Order Details: COPY OF ORDER
Pdf Text: 10 CS (COMM.) 173/24
Mukul Gupta Marketing Pvt Ltd Vs. Sahil Jain
22.08.2024
Present: Ms. Monika Goel, Ld. Counsel for plaintiff.
Sh. G.S. Chauhan, Ld. Counsel for defendant.
Replication has been filed. Copy supplied.
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 the goods supplied by plaintiff to the
defendant were not of good quality as alleged? If so,
its effect? OPD
2. Whether plaintiff is entitled to decree of the suit
amount, as prayed for? OPP.
3. 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.
4. Relief.
No other issue either arises or has been pressed for.
The learned counsels for both the parties have consented for
recording of evidence by the Local Commissioner.
Accordingly, on the joint request of both the parties, 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 Naveen Tayal, Advocate, Enrolment No.D-718/97 (R), having mobile
number 9350509371. The fee of the learned Local Commissioner is fixed as
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Rs.5,000/- per sitting. 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 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/per sitting.
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.
In case any of the party seeks adjournment or recording of
evidence is adjourned, then the party at fault shall pay the expenses of the
commission for the said date. Parties shall inform learned Local
Commissioner about the date(s) of recording of evidence.
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 and shall also submit typed copy thereof in the Court.
Let list of witnesses be filed by both the parties within ten
days, after exchanging the copies thereof.
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Parties are directed to contact and appear before learned Local
Commissioner on 28.08.2024 at 2.00 P.M., who thereafter may fix dates of
recording evidence as per his 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 also given dasti to both the parties.
List the matter for report of learned Local Commissioner /
final arguments now on 24.10.2024.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/22.08.2024
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