Interim Order 15

Order Details: COPY OF JUDICIAL PROCEEDINGS
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8 CS (COMM) 438/24
Suresh Lata Vs. Laxmi traders
09.07.2026
Present: Sh. Ashok Mahajan, Ld. counsel for plaintiff alongwith
the attorney of the plaintiff Sh. Praveen Kumar. (Phone
number of the attorney plaintiff – 9212638284).
Sh. Nishant Chaudhary, Ld. Counsel for the defendants.
The matter is fixed for payment of the entire cost of Rs.
20,000/- by the defendants to the plaintiff and also for entire evidence
of the defendants. It was last and final opportunity for the defendants to
conclude their entire evidence. Today on calling the case, the Ld.
Counsel for the defendants has appeared in the court and submitted that
the defendant no. 2, who is the proprietor of defendant no. 1 could not
come and seeks adjournment. The defendants have failed to pay the
previous of Rs. 20,000/- to the plaintiff, even today. When on the
request of the court, the Ld. Counsel for the defendants has telephoned
to the defendant no. 2, then, he has telephonically informed to the Ld.
Counsel for the defendants that today he is away at Banaras and he
forgot the date, so he could not come and he would pay the previous
cost to the plaintiff in the evening today. The Ld. counsel for plaintiff
has vehemently opposed the adjournment sought by the Ld. Counsel for
the defendants and submitted that this was last and final oppotunity for
the defendants to conclude their entire evidence, but, despite of it, the
defendants failed to appear today and submitted that heavy cost may be
imposed on the defendants.
Since, the perusal of the record reveals that earlier vide
order dated 05.06.2025, this court had imposed a cost of Rs. 5,000/- on
the defendants and granted last and final oppotunity to the defendants to
cross-examine to PW-1, subject to the payment of the cost and the
matter was adjourned for 19.08.2025. On dated 19.08.2025, I was on
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leave, so the Reader posted in this court had adjourned the matter for
10.10.2025. Even on dated 10.10.2025, the defendants failed to pay the
cost of Rs. 5,000/-. And on that day, PW-1 was cross-examined and his
cross-examination was concluded and the matter was adjourned for
12.01.2026 for evidence of the defendants. But, on dated 12.01.2026,
defendants had failed to pay the previous cost and sought adjournment,
which was vehemently opposed by the Ld. counsel for plaintiff and
since, the previous cost of Rs. 5,000/- was also not paid by the
defendants to the plaintiff so, vide order dated 12.01.2026, the
defendants were burdened with another cost of Rs. 5,000/- and the
matter was adjourned for 25.03.2026 for payment of the entire costs and
for evidence of the defendants. On dated 25.03.2026, Ld. Counsel for
the defendants had sought adjournment, which was opposed by the Ld.
counsel for plaintiff so, the defendants were burdened with another cost
of Rs. 10,000/- and this court had granted last and final opportunity to
the defendants to conclude their entire evidence on the next date of
hearing and to pay the entire costs of Rs. 20,000/- to the plaintiff and
the matter was adjourned for today. But till today, the defendants have
failed to pay the entire costs of Rs. 20,000/- to the plaintiff and even
today, Ld. Counsel for the defendants sought adjournment. Ld. counsel
for plaintiff has submitted that heavy cost may be imposed on the
defendants, so, taking into consideration the facts and circumstances in
their entirety and in view of the request made by the Ld. Counsel for the
defendants, another last and final opportunity is granted to the
defendants to conclude their entire evidence on the next date of hearing,
but, subject to another cost of Rs. 20,000/- to be paid to the defendants
to the plaintiff. The defendants are directed to pay the entire costs of Rs.
40,000/- to the plaintiff on the phone number of the Attorney of the
plaintiff, as mentioned in this order within 10 days from today. The Ld.
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counsel for plaintiff has also apprised the phone number of the attorney
of the plaintiff to the Ld. counsel for defendants for the payment of the
entire costs. Accordingly, matter stands adjourned for payment of the
entire costs and entire evidence of the defendant. To come up on
22.10.2026.
(PAWAN KUMAR MATTO)
DISTRICT JUDGE
(COMMERCIAL COURT)-04,
SHAHDARA, KKD,
Delhi/09.07.2026
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