Delhi High Court - Orders
Mrs Kulan Rukhsana Amin & Ors vs Gaurang Kanth & Anr on 21 February, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 81/2016 & I.A. 7771/2021, I.A. 12346/2021
MRS KULAN RUKHSANA AMIN & ORS ..... Plaintiffs
Through: Ms. Sunita Hazarika, Advocate
[9811979264].
versus
GAURANG KANTH & ANR ..... Defendants
Through: Mr. Madan Lal Sharma, Ms.
Shivani Kher, Advocates
[9811434300] for D-1 to 2.
Mr. Dhruva Bhagat, Advocate for
D-3 to 5.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 21.02.2023
1. The suit has been listed today on an office note in view of a report dated 10.02.2023 of the learned Local Commissioner, Mr. H.S. Sharma, District Judge (Retd.), who was appointed by order dated 22.07.2019 to record evidence in the suit.
2. For the reasons stated in the report, the learned Local Commissioner has expressed his desire to be discharged from the commission and for another Court Commissioner to be appointed in his place. The learned Local Commissioner has also referred to a dispute raised before him with regard to certain documents that were sought to be Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:23.02.2023 11:13:29 CS(OS) 81/2016 Page 1 of 4 shown to the defendant No. 2 herein, who is giving evidence as DW-1, during the course of the cross-examination.
3. Mr. Madan Lal Sharma, learned counsel for the defendant Nos. 1 and 2, objects to the witness, who is himself a defendant in this suit, being confronted with documents that are not part of the suit record, as well as with regard to admissibility of the documents.
4. Learned counsel for all the parties are present before me. With their consent, the aforesaid issues are dealt with as follows:
a. In view of the inability of Mr. H.S. Sharma, former District Judge, to continue with the commission, he is discharged as the Local Commissioner.
b. I am informed that Mr. Sharma has held approximately ten sittings. His fee was tentatively fixed by order dated 22.07.2019 at ₹75,000/-, to be borne by the plaintiffs at the first instance. Ms. Sunita Hazarika, learned counsel for plaintiffs, states that the learned Local Commissioner has received two payments of Rs. 75,000/- each till date from the plaintiffs. Keeping in mind the quantum of the work involved, the total remuneration of Mr. Sharma is fixed at ₹1,75,000/-, in addition to out-of-pocket expenses. The balance of ₹25,000/- be paid by the plaintiffs at the first instance within eight weeks.
c. Mr. L.K. Gaur, former District Judge [Tel: 8800881765] is appointed as the Local Commissioner to complete the recording of evidence in place of Mr. Sharma.
d. I am informed that DW-1 is presently under cross-examination and his cross-examination is expected to take a maximum of two to Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:23.02.2023 11:13:29 CS(OS) 81/2016 Page 2 of 4 three further sittings of two hours each. There is one more witness to be examined on behalf of the defendants, who I am informed is a formal witness. The learned Local Commissioner is requested to make an attempt to complete the recording of evidence within the next four months. Learned counsel for the parties assure the Court that they will cooperate with the learned Local Commissioner for the smooth completion of evidence in a cordial atmosphere, and within the time frame given above.
e. The learned Local Commissioner will, in consultation with learned counsel for the parties, fix a schedule for recording of the evidence. The Registry is directed to send the file of the suit to the place and at the time fixed by the learned Local Commissioner for recording of evidence.
f. The remuneration of the learned Local Commissioner appointed today is fixed at ₹1 lakh, which is to be borne by the plaintiffs at the first instance.
g. As far as the issue of objections to the documents and cross- examination DW-1 on certain documents by counsel for the plaintiffs is concerned, the learned Local Commissioner is directed to permit the cross-examination to be recorded after noting the objection of the objecting counsel, as contemplated by Rule 8(iv) of Chapter XII of the Original Side Rules, 2018 of this Court. The objection will be considered by the Court at the time of final arguments. In the event any of the cross-examination is found to be inadmissible, the same will not be read in evidence. h. Learned counsel for the parties jointly request that the remaining Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:23.02.2023 11:13:29 CS(OS) 81/2016 Page 3 of 4 evidence be videographed. Learned counsel for the plaintiffs may make necessary arrangements for videography of the remaining evidence so that the same is available to Court, if necessary. i. The aforesaid expenses will be borne by the plaintiffs at the first instance, subject to any orders of costs that may be passed at the conclusion of the suit.
5. The office note is disposed of in the aforementioned terms.
6. List the suit on 02.08.2023 for directions.
PRATEEK JALAN, J FEBRUARY 21, 2023 'Bhupi'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:23.02.2023 11:13:29 CS(OS) 81/2016 Page 4 of 4