Interim Order 15

Order Details: COPY OF JUDICIAL PROCEEDINGS
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8 CS (COMM) 405/24
Surender Singh Vs. Pushpa Giri
25.08.2026
Present: Sh. Kartik Sharma, Ld. proxy counsel for plaintiff.
Ms. Aayushi Singh, Legal Aid Counsel for the defendant
alongwith the defendant.
Witness Sh. Mehfooz Alam, Technical Assistant,
Department of Forensic Medicine, UCMS, GTB,
Hospital, Delhi.
Witness Sh. Atishay Jain, Inspector, CGST, From Sector
32, Gurgoan alongwith Advocate, Iqbal Singh Bedi.
Witness HC Naveen Kumar, From Police Station
Seemapuri, Delhi.
Orderly Sh. Jai Kumar, from the Bank of India, Branch-
Connaught Circus, New Delhi, (The Record Clerk from
Bank of India, Branch- Connaught Circus, absented,
despite service).
The matter is fixed for evidence of the defendant. Today,
the defendant has appeared alongwith Legal Aid Counsel, she has
filed the affidavit of Sh. Suneet Kumar and submitted that Sh. Suneet
Kumar is the husband of the defendant and he had personally served
the notices to all the four witnesses. Today, Orderly, Jai Kumar has
appeared from Bank of India, Connaught Circus, New Delhi, but, the
Record Keeper/ Record Clerk has not appeared despite of service of
notice to him. Jai Kumar has told that he was sent by the Manager of
the Bank of India. Ld. Counsel for the defendant has submitted that
since the summoned witness has not appeared, despite of service of
notice, so, bailable warrants may be issued against the witness. So,
bailable warrants in a sum of Rs. 5,000/- are ordered to be issued
against witness concerned, Record Keeper/Record Clerk/Assistant,
from Bank of India, Connaught Circus, New Delhi.
Sh. Iqbal Singh Bedi, Advocate has appeared alongwith
the witness Sh. Atishay Jain and he has filed the memo of appearance
on behalf of this Witness Sh. Atishay Jain, Inspector, CGST, From
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Sector 32, Gurgoan, but, Sh. Atishay Jain did not bring the certificate
u/s 63 of BSA and Ld. Counsel for the defendant has submitted that
today this witness may be discharged unexamined. So that, he may
bring the certificate under section 63 of BSA alongwith the
summoned record, so, this witness Sh. Atishay Jain, CGST Inspector
is discharged unexamined for today and he is bound down for the next
date of hearing i.e. 01.12.2026. He is also directed to bring the
complete summoned record and certificate u/s 63 of BSA.
Sh. Mehfooz Alam, witness from the GTB Hospital has
also appeared alongwith the summoned record. So, let this witness be
examined. Accordingly, Sh. Mehfooz Alam has been examined as
DW-1. When the examination in chief of this witness was being
recorded, the Ld. proxy counsel for plaintiff left the court without
informing to the court and thereafter, despite of repeated calls, he did
not appear. Ld. legal Aid counsel for the defendant has submitted that
Ld. proxy counsel for plaintiff has deliberately left the court. It also
appears to the court that the Ld. proxy counsel for plaintiff has
deliberately left the court and plaintiff also did not appear today in the
court. Therefore, the opportunity of the plaintiff to cross-examine this
witness is done nil. Witness Sh. Mehfooz Alam is paid died money to
the tune of Rs. 500/- by the defendant, he is discharged.
Sh. Naveen Kumar, HC witness is also present in the
court. Let this witness be examined. Accordingly, examination in
chief of this summoned witness is also recorded. But, the Ld. proxy
counsel for plaintiff, who had left the court when the examination in
chief of another witness was being recorded without informing to the
court and thereafter, he did not appear, despite of repeated calls. Ld.
legal Aid counsel for the defendant has submitted that Ld. proxy
counsel for plaintiff has deliberately left the court. It also appears to
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the court that the Ld. proxy counsel for plaintiff has deliberately left
the court and plaintiff also did not appear today in the court. Since,
the plaintiff is also not appeared today in the court. Therefore, the
opportunity of the plaintiff to cross-examine this witness is also done
nil.
The defendant is directed to take steps for issuance of
bailable warrants against the witness within seven working days from
today. To come up on 01.12.2026 for remaining evidence of the
defendant.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/25.08.2026
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