Order 4

Order Details: COPY OF ORDER
Pdf Text: 12 CS (COMM.) 442/25
Lalit kumar arora Vs. Rushil chugh
07.07.2026
Present: Sh. Pulkit Mittal, Ld. counsel for plaintiff.
Sh. Deepak Grover, Ld. counsel for defendant through VC.
The pleadings in the matter are complete. On pleadings of the
parties, following issues issues are settled for trial:-
1. Whether the quality of goods supplied by plaintiff were
of sub-standard? If so, its effect? OPD
2. Whether notice u/s 42 of the Sales of Goods Act with
regard to the defective goods was given by defendant
to the plaintiff? If so, its effect? OPD
3. Whether plaintiff is entitled to the decree of Suit
amount as prayed for? (OPP)
4. If the answer to the aforesaid issue is in affirmative,
whether the plaintiff is entitled to the interest
thereupon, if so at what rate and for what period?
(OPP)
5. Relief.
No other issue either arises or pressed for in the
matter.
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 Sh. Abhishek Pandey, Advocate, Enrl. No.D/2191/2019, having
mobile number 9810881297. The fee of the learned Local Commissioner is
fixed as Rs.8,000/- per witness (Rs.2,000/- per formal witness). Maximum two
hours time is permitted to the other side to cross examine the witness. In case
the time period exceeds two hours, then the responsibility to make payment
for the evidence of that witness shall shift to the other party. The evidence
shall be recorded at Judicial Library, Rohini District Court Complex or any
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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. 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/Asstt. Ahlmad/Nazir 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 within two
weeks from today 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
at least 24 hours prior to the NDOH.
Parties are directed to contact and appear before learned Local
Commissioner on 29.07.2026 at 2.00 P.M., who thereafter may fix dates of
recording evidence as per convenience of both the sides.
The Ahlmad/Asstt. Ahlmad attached to this Court are 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
09.09.2026.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/07.07.2026
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