Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 7 CS (COMM.) 771/2024
NURJAHAN BEGUM VS. MAST FIZAR RAHAMAN
12.10.2026
Present : Sh. Ansar Ahmad, Ld. counsel for plaintiff.
None for defendant despite repeated calls.
At this stage, Sh. Prarabdh Tiwari, Ld. counsel for
defendant has appeared through V.C.
Heard. Ld. counsel for defendant submits that defendant has
e-filed the written statement alongwith Statement of Truth and
application for Condonation of Delay on 28.09.2026. Copy already
supplied. Physical copy not filed so far. The same be filed within a week
from today positively.
Ld. counsel for plaintiff submits that he has not received the
copy of condonation application. It be supplied within three days from
today against acknowledgment.
Ld. counsel for defendant submits that the reasons for filing
the condonation of delay in filing written statement is that the defendant
is not belonging to Delhi and having the address of West Bengal.
Opposed.
It is relevant to note that on 29.05.2026 i.e. the last date, Ld.
Predecessor of this court has directed the defendant to file written
statement within statutory period treating the commencement of period
of limitation for filing the WS to be the said date i.e. 29.05.2026. The
written statement has been e-filed after 122 days from the said date. It is
beyond the statutory period of limitation. Even otherwise there is no
ground to condone the delay. Hence, the application for condonation of
delay is dismissed. Written statement not taken on record. Defence of
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defendant is hereby struck off.
In view of above facts and circumstances formal issues are
hereby framed on the basis of material on record :-
1. Whether the plaintiff is entitled for the recovery of
Rs.3,45,701/- as prayed for? OPP.
2. Whether plaintiff is entitled to interest? If yes, at what
rate and for which period? OPP.
3. Relief.
No other issue either arises or pressed for in the matter.
List of witnesses be filed by plaintiff within 15 days from
today.
Plaintiff is directed to file evidence by way of affidavit
within 15 days from today and supply copy to opposite side against
acknowledgment.
It is further submitted on behalf of plaintiff that any Local
Commissioner may be appointed for recording the evidence.
In view of the above facts and circumstances, it is directed
that the evidence in the matter shall be recorded on commission basis by
Ms. Madhuri, Advocate, having mobile number 8447188351, email ID
advocatemadhuri@gmail.com and Enrolment No. D/8304/2019. The fee
of the learned Local Commissioner is fixed as Rs.10,000/- per witness
(Rs.5,000/- 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
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plaintiff shall bear the expenses of learned Local Commissioner for
recording of plaintiff’s evidence. 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.
Defendant can cross-examine the plaintiff’s witnesses on legal
points only.
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 23.10.2026, who thereafter may fix dates of recording evidence
as per her/convenience of the parties.
The Ahlmad/Asstt. Ahlmad attached to this Court are
directed to inform the learned Local Commissioner telephonically also in
this regard.
Copy of this order be given dasti to Ld. Counsels for the
parties.
Soft copy of this order be also sent to Ld Local
Commissioner for information and compliance.
List the matter for report of learned Local Commissioner/
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final arguments on 16.02.2027.
(Manish Gupta)
District Judge (Commercial Court)-02
North-West/Rohini Courts/Delhi/12.10.2026
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