Delhi High Court - Orders
Sunrise Property Developers Pvt. Ltd vs Skipper Properties Pvt. Ltd. & Ors on 17 January, 2022
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 387/2019
SUNRISE PROPERTY DEVELOPERS PVT. LTD.
..... Plaintiff
Through: Ms. Ruchira Vashisht Arora,
Advocate
Versus
SKIPPER PROPERTIES PVT. LTD. & ORS. ..... Defendants
Through: Mr. Suraj Prakash, Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
ORDER
% 17.01.2022 The hearing has been conducted through video conferencing. I.A. 15748/2021 (u/S 151 CPC)
1. By this application, applicant/plaintiff has prayed for appointment of a substituted Local Commissioner for recording of evidence in the present suit.
2. Pertinently, by virtue of order dated 19.12.2019, this Court had appointed Ms. Ravinder Kaur, District Judge (retd.) for recording evidence. Learned counsel for plaintiff has informed that on a telephonic communication with the learned Local Commissioner, it has been informed that since she is posted out of Delhi for an assignment and that due to Covid pandemic, sufficient time has already been lost and so, she is unable to record evidence in this case. Thereby, it has been prayed that CS(COMM) 387/2019 Page 1 of 2 a substituted Local Commissioner be appointed-by this Court for recording of evidence.
3. Pursuant to notice of this application, Mr. Suraj Prakash, Advocate has appeared and he prays that instead of appointing an independent Local Commissioner, evidence in this case can be recorded by Joint Registrar in this Court and it would of great help to defendants, who are facing great hardships because of loss of business due to Covid pandemic. The aforesaid submission is acceptable to learned counsel for the plaintiff.
4. Considering that Ms. Ravinder Kaur, District Judge (retd.) has shown her inability to record evidence in this case and request of both the sides to record evidence by Joint Registrar in this Court and the fact that it will reduce the burden on the pocket of parties, who were to otherwise equally share the cost thereof, the suit is directed to be placed before the Joint Registrar on 10.02.2022 for drawing schedule of recording evidence.
5. With aforesaid directions, this application is disposed of.
SURESH KUMAR KAIT, J JANUARY 17, 2022 r CS(COMM) 387/2019 Page 2 of 2