Order 8

Order Details: COPY OF ORDER
Pdf Text: 7 CS (COMM) 46/24
Tarsham Mittal Vs. Rahul Gupta
04.09.2024.
Present : Sh. Sumit Nandwani, Advocate for the plaintiff with
plaintiff in person.
Sh. Tushar Sharma, Advocate for the defendant, through
video-conferencing.
Defendant is present in person.
The Ld. Counsels for the parties have filed their
respective receipts, regarding deposition of cost, with the Office of
DLSA, Shahdara District, Karkardooma Courts, Delhi, in compliance
of the order dated 08.08.2024.
First case management hearing is conducted today.
Pleadings of the parties are already complete.
From the pleadings of the parties, the following issues are
framed as under:
1. Whether the plaintiff is entitled to claim/recover the
amount of Rs.3,43,215/- from the defendant, as
claimed in the plaint? OPP
2. Whether the plaintiff is entitled to claim interest
from the defendant? If so, at what rate and for
which period? OPP
3. Relief.
No other issue arises or is pressed by the parties, at this
stage. The parties are directed to file their respective list of
witnesses, along with affidavits of all the witnesses, within a period of
CS (COMM) 46/24 page 1 of 3 DJ (Comm.)-01/Shahdara/KKD/Delhi
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two weeks from today. Advance copies of the same be exchanged
between the parties, at least three days prior to the next date of
hearing.
The Ld. Counsels for the parties are having no objection
for appointment of a Local Commissioner, for recording the evidence
of the parties.
Even otherwise, the provisions of Order XV-A have been
inserted in the CPC, regarding “Case Management Hearing” and u/o
XV-A Rule 6 CPC, the powers of the Court have been enlisted
wherein, in addition to the appointment of the Local Commissioner, in
accordance with Order XXVI CPC, the Commercial Court has been
empowered to delegate its authority, for recording of evidence and to
pass appropriate orders, regarding monitoring of recording of
evidence by a Commission or any other Authority, as per Sub-Rule
‘(o)’ and ‘(p)’ of Rule 6.
Accordingly, with the consent of the parties, Ms. Ashita
Singhal, Advocate, Chamber No. G-721, Block G, Kakardooma
Courts, Mobile No. 9999204383, is hereby appointed as the Local
Commissioner, to record the evidence of the parties, at the earliest.
The evidence of the parties shall be recorded by the Ld.
Local Commissioner at her office, at Chamber No. G-721, Block-G,
Kakardooma Court, during the court hours, on Court working days,
and the honorarium/fee of the Ld. Local Commissioner regarding
recording of witnesses, is fixed at Rs. 10,000/- for each, main/public
witness and Rs.3,000/- each for official witnesses, which shall be paid
to her in advance, by the respective party, without deduction of any
TDS, before the evidence is commenced.
CS (COMM) 46/24 page 2 of 3 DJ (Comm.)-01/Shahdara/KKD/Delhi
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The evidence of the plaintiff shall be recorded by the Ld.
Local Commissioner on 28.09.2024 and 30.09.2024.
The evidence of the defendant shall be recorded by the
Ld. Local Commissioner on 01.10.2024 and 03.10.2024.
A copy of this order be sent to Ms. Ishita Singhal,
Advocate, the Ld. Local Commissioner and be also supplied to the Ld.
Counsels for the parties ‘DASTI’, for information and necessary
compliance.
The Ld. Counsels for the parties are permitted to file their
respective written arguments, with advance copies of the same to the
opposite parties, till 15.10.2024.
Adjourned for filing the report by the Ld. Local
Commissioner, with complete record of evidence, and for final
arguments, on 18.10.2024.
Brijesh Kumar Garg,
District Judge,
Commercial Court – 01,
Shahdara District, KKD Courts,
Delhi/04.09.2024/rs
CS (COMM) 46/24 page 3 of 3 DJ (Comm.)-01/Shahdara/KKD/Delhi
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