Order 2

Order Details: COPY OF ORDER
Pdf Text: 20
Executive Civil 161/2024
M/s Koriyaska and Rmk Elevator Company Vs Subham
Sharma
&
21
Execution Civil 168/2024
Shubham Sharma Vs Koriyaska and Rmk Elevator Company
10.05.2024
Present: Ld. Counsels for parties.
Both the matters are taken up today as same are
pertaining to same order dated 23.02.2024 passed by this court as
per settlement arrived between the parties before Delhi Mediation
Centre on 23.02.2024.
It is the submission for petitioner Shubham Sharma
that lift has not been installed in terms of agreement whereas it is
submission made by counsel for petitioner Koriyaska and Rmk
Elevator Company that lift has been installed and payment as per
undertaking has not been made.
Ld. Counsel appearing for petitioner Shubham
Sharma stated that the lift is not working and as and when the
company is able to make the lift in working position, the payment
will be made and to clarify the fact of working of the lift, Local
Commissioner may be appointed by the court and initially cost
will be borne by the petitioner Shubham Sharma and if lift is not
found working, then the company should be asked for payment of
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cost.
Ld. Counsel for petitioner Koriyaska and Rmk
Elevator Company is having no objections to the submissions.
Sh. Anuj Kumar Tyagi, Advocate having Enrol
No. P/1660/2013 present in the court in some other matter
offered his services for the appointment of Local
Commissioner.
Considering the facts, Sh. Anuj Kumar Tyagi,
Advocate is appointed as Local Commissioner to visit the site
today itself and to check the working of the lift installed at D
55, Mahendru Enclave, Model Town, Delhi110009 and to file
his report.
The fee of the Ld. Local Commissioner is fixed at
Rs. 15000/ which will be paid by petitioner Shubham
Sharma initially and if the lift is found not working, then the
fee shall be paid by petitioner Koriyaska and Rmk Elevator
Company.
The parties to ensure the presence of their
representative at the time of inspection of the lift by Local
Commissioner.
Copy of this order be given dasti to parties as well as
to the Local Commissioner.
Put up on 13.05.2024 for report of Local
Commissioner and further proceedings.
(SUNIL CHAUDHARY)
DJ04/NorthWest
RHC/Delhi 10.05.2024
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