Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 5 CS (COMM.) 774/24
Balaji Trading Company Vs. SKB Traders
09.07.2025
Present: Sh. Ayush Kuchchal, Ld. Counsel for plaintiff through VC
while sitting in a car.
Sh. Manoj Arya, Ld. Counsel for defendant.
The pleadings in the matter are complete. I have perused the
pleadings of the parties. On the basis of pleadings of parties, the following
issues are settled for trial in the matter:
Issues:
1. Whether plaintiff is entitled to decree of the suit
amount, as prayed for? OPP.
2. If answer to the aforesaid issue is in affirmative,
whether the plaintiff is entitled to interest thereupon.
If so, at what rate and for what period? OPP.
3. Relief.
No other issue either arises or has been pressed for.
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 Ms. Rabiya, Advocate, having mobile number
8860972903. 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 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
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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/Nazir/Reader 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 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 28.07.2025 at 12.30 P.M., who thereafter may fix dates of
recording evidence as per his convenience.
The Reader attached to this Court is 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 04.09.2025.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/09.07.2025
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