Order 5

Order Details: COPY OF ORDER
Pdf Text: 7 CS (COMM.) 725/24
Prem and Sons Vs. A S Foods
13.08.2026
Present: Sh. Parth Dev Chhabra, Ld. counsel for plaintiff.
Sh. Keshav Kr. Verma, Ld. counsel for defendant.
Previous cost of Rs.5,000/- paid today by defendant to the plaintiff.
The pleadings are stated to be complete. On the basis of pleadings
of the parties, the following issues are hereby framed:-
1. Whether plaintiff is entitled to recovery of Rs.12,38,560/- from
the defendant, as prayed for? OPP
2. Whether the plaintiff is entitled to interest? If yes, at what rate
and for what period? OPP
3. Whether the invoices raised by plaintiff against the defendant
are forged and fabricated as alleged in WS? OPD
3. Relief.
No other issue pressed or arises.
List of witnesses be filed by parties within 15 days from today.
It is prayed by both the sides that an LC may be appointed for
recording of evidence in the matter.
In view of the above facts and circumstances, it is directed that the
evidence in the matter shall be recorded on commission basis by Sh.
Sohamshrit Mishra, Advocate, having mobile number 9438611688,
9937676054 and e-mail ID sohamshritmishra@gmail.com. The fee of the
learned Local Commissioner is fixed as Rs.8,000/- per witness (Rs.4,000/- per
formal 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 within the Rohini Court Complex itself on the date and
time agreed, 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
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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 with
the Court file, and, diet money for the said purpose is fixed as Rs.500/- per
visit. 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.
Parties are directed to contact ld. Local Commissioner on or
before 20.08.2026, who thereafter may fix dates of recording of evidence as
per convenience of both the parties.
Ahlmad/Asstt. Ahlmad/Nazir attached to this Court are directed
to inform the learned Local Commissioner telephonically also in this regard.
A copy of this order be given dasti to Ld. Counsels for parties.
List the matter for report of learned Local Commissioner/ final
arguments on 03.11.2026.
(Manish Gupta)
District Judge (Commercial Court)-02
North-West/Rohini Courts/13.08.2026
G
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