Order 2

Order Details: COPY OF ORDER
Pdf Text: 5 CS (COMM.) 764/25
CANARA BANK Vs. ASHU ANSARI
27.02.2026
Present: Ms. Chitra Malhotra, Ld. Counsel for plaintiff through VC.
None for defendant.
The matter has been passed over several times since morning. No
one has appeared on behalf of the defendant. It is already 2.20 P.M.
The Process Server had gone to serve summons upon the defendant
on 20.01.2026 on which date, father of defendant refused to accept summons.
I deem it as due service in law.
The defendant is accordingly proceeded ex parte.
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. Abhinandan Jain, Advocate, having mobile number 8010006637.
The fee of the learned Local Commissioner is fixed as Rs.5,000/- per witness
(Rs.2,000/- 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 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 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.
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
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visit. Learned Local Commissioner shall record verbatim in question and
thereafter record answers verbatim. In case of any objection being raised by
the plaintiff, 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 the plaintiff on its own cost. The Ld. Local
Commissioner shall also submit typed copy thereof in the Court.
Let list of witnesses be filed by the plaintiff within ten days.
Plaintiff is directed to contact and appear before learned Local
Commissioner on 10.03.2026 at 2.00 P.M., who thereafter may fix dates of
recording evidence as per his/her 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 given dasti to Ld. Counsel for plaintiff.
List the matter for report of learned Local Commissioner/ final
arguments now on 24.03.2026.
(Vinod Yadav)
District Judge (Commercial Court)-02
North-West/Rohini Courts/27.02.2026
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