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Dr. Vishvas Kumar Sharma vs Zomato Media Private Limited & Anr on 5 May, 2026

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                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(COMM) 447/2019
                               DR. VISHVAS KUMAR SHARMA                .....Plaintiff
                                             Through: Mr. Akshat Bajpai, Mr. Shobhit
                                                      Trehan, Ms. Vedika Dalmia, Mr. Atul
                                                      Pandey, Ms. Renuka Parmanand &
                                                      Ms. Jayashree Mishra, Advocates.
                                             versus

                                    ZOMATO MEDIA PRIVATE LIMITED & ANR .....Defendants
                                                Through: Mr. Sarthak Gupta & Mr. Raghav
                                                          Sharma, Advocates for Defendant
                                                          No.1 (through VC).

                                    CORAM:
                                    HON'BLE MR. JUSTICE TEJAS KARIA
                                                 ORDER

% 05.05.2026 I.A. 12509/2026

1. This is an Application under Order XXVI Rule 1 of the Code of Civil Procedure, 1908 read with Chapter XII Rule 1 and Rule 8 of the Delhi High Court (Original Side) Rules, 2018 for appointment of commission for recording the evidence.

2. The learned Counsel for the Plaintiff has submitted that the Suit is presently at the stage of evidence and the Plaintiff wishes to lead evidence as PW-1. It is further submitted that the Plaintiff has filed his Affidavit of Evidence dated 06.01.2025.

3. The learned Counsel for the Plaintiff further submits that the Evidence-in-Chief of the Plaintiff has not been recorded and consequently, no cross-examination has taken place.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/05/2026 at 20:45:02

4. It is further submitted that the dispute dates back to 2019 and evidence is required to be recorded at the earliest in a time-bound manner in order to expedite the trial.

5. The learned Counsel for the Defendant, on instructions, submits that the Defendant has no objection if the request for appointment of the Commissioner is allowed.

6. In view of the same, the present Application is allowed.

7. Mr. Akshay Chowdhary, Advocate, Mobile Number: +91- 9899982488, is appointed as the Court Commissioner for recording of the evidence of PW-1 in CS(Comm) No. 447/2019 titled as 'Dr. Vishvas Kumar Sharma v. Zomato Media Private Limited'. Accordingly, the following directions are issued:

a. The fee of the learned Court Commissioner is initially fixed at ₹2,00,000/- (Rupees Two Lakhs Only) excluding out of pocket expenses, travel, etc. on the basis that the recording of evidence shall be concluded in four months. If recording of evidence is not completed in four months, an additional fee of ₹20,000/- (Rupees Twenty Thousand Only) shall be paid to the Court Commissioner for each additional sitting. All the aforesaid expenses shall be borne by the Plaintiff and paid in advance to the Court Commissioner named hereinabove. Cost for recording of evidence shall be borne by the Plaintiff.

b. In case, any adjournment is taken by one of the Parties, the Party requesting for the adjournment shall bear the costs of the sitting/s being adjourned.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/05/2026 at 20:45:02 c. The evidence will be recorded by the learned Court Commissioner at a location within the premises of this Court. d. The Registry shall make arrangements to provide the complete digital record of the Court file to the learned Court Commissioner. e. The Parties shall approach the learned Court Commissioner within two weeks from date for fixing the dates for recording the evidence.

f. The Parties shall provide full assistance to the learned Court Commissioner for recording of evidence.

8. It is clarified that the learned Local Commissioner has been appointed only for recording the evidence on behalf of the Plaintiff.

9. The Defendant is at liberty to move an appropriate application if the Defendant wishes to continue the appointment of the same Local Commissioner or appoint another Local Commissioner for recording the Defendant's evidence, if any, at an appropriate stage.

10. The Application stands disposed of.

TEJAS KARIA, J MAY 5, 2026/ 'A' CS(COMM) 447/2019 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/05/2026 at 20:45:02