Order 3

Order Details: COPY OF ORDER
Pdf Text: 4 CS (COMM.) 16/26
Q FACTOR FINANCE AND INVESTMENTS PVT LTD VS. VARUN
RATHORE
22.09.2026
Present: Sh. J.S. Jaiswal, Ld. counsel for plaintiff.
Ms. Anisha, Ld. Proxy counsel for defendant through VC.
Heard. Record perused.
Case management hearing done.
On the basis of pleadings of parties, the following formal issues
are hereby framed:-
1. Whether plaintiff is entitled to the recovery of Rs.4,99,806/-
(Rupees four lacs ninety nine thousand eight hundred six
only) 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 arises or pressed for.
List of witnesses be filed by parties within 15 days from today.
Both the parties are directed to file evidence by way of affidavit
of their respective witnesses within 15 days from today and supply copy to
opposite side against acknowledgment.
It is prayed by both the sides that Local Commissioner 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.
Pankaj Bisht, Advocate, Enrl. No.D/4040/15, having mobile number
8700553178 and e-mail ID pankajbist81@gmail.com. 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
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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 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 01.10.2026, 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 27.01.2027.
(Manish Gupta)
Distt. Judge (Comm)-02/North-West/
Rohini Courts/Delhi/22.09.2026
G
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