Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19 CS (COMM.) 637/24
VG INDIA TRAEXIM Vs. Steel Sales Syndicate
03.12.2025
Present: Sh.Vishal Bansal, Ld. Counsel for plaintiff.
Sh. Vijay Mishra, Ld.counsel for the defendant through video
conferencing.
Affidavit of admission/denial of documents on behalf of
plaintiff filed.
Pleadings in the matter are complete.
From the pleadings of parties and material on record,
following issues are framed:-
1. Whether the defendant has made the payment of Rs.12
lacs to the plaintiff in the month of April 2021, which
was required to be returned within 5 months? (OPD).
2. Whether the amount of Rs.7,50,000/- paid by the
plaintiff was towards the repayment of the friendly loan
of Rs.12 lacs taken by the plaintiff rom the defendant?
OPD
3. Whether the plaintiff has made advance payment of
Rs.7,50,000/- for purchase of ERWS pipes from the
defendant? OPP
4. Whether the defendant has failed to supply the ERWS
pipes against the consideration amount of
Rs.7,50,000/-? OPP
5. Whether the plaintiff is entitled for recovery of the suit
amount, as prayed? (OPP).
6. Whether the plaintiff is entitled to any interest?, if yes,
at what rate and for which period? (OPP)
7. Whether the plaintiff is entitled for cost of the suit, as
prayed? OPP
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2.
CS (COMM.) 637/24
VG INDIA TRAEXIM Vs. Steel Sales Syndicate
8. Relief.
No other issue arises or is pressed/claimed.
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.Manish Dahiya,
Advocate, Enroll No.D/6583/2021, Mob. No.8571856388). A
remuneration of the Local Commissioner is fixed at Rs.10,000/- per sitting
to be borne by each party, leading its evidence. 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 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.500/- per
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3.
CS (COMM.) 637/24 :
G INDIA TRAEXIM Vs. Steel Sales
sitting. 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 the 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 7 days, to fix the dates for recording of evidence.
Any unjustified, non compliance of the aforesaid directions and delay in
the aforementioned time lines may lead to consequences for non-
compliance as per Order XVA Rule 8 CPC pursuant to the schedule U/s 16
of the Commercial Courts Act, 2015. Copy of this order be given to Ld.
Local Commissioner by way of whatsapp/ e-mail for information and
necessary action.
Put up for report of Ld. Local Commissioner regarding
evidence on 11.03.2026.
( Devender Kumar Jangala )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi/03.12.25.
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