M/S K K ANAND INFRASTRUCTRE PVT LTD vs M/S SNS CONTRACTS PVT LTD

$~96
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09th October, 2024
+ CM(M) 3583/2024 & CM APPL. 59656-59657/2024
M/S K K ANAND INFRASTRUCTRE PVT LTD …..Petitioner
Through: Mr. Akshay Bhatia and Ms. Sunaina, Advocates

versus

M/S SNS CONTRACTS PVT LTD …..Respondent
Through: Mohd. Rashid and Mr. Shivam Sharma, Advocates
CORAM:
HON’BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)

CM APPL. 59656/2024 (exemption)
Exemption allowed, subject to all just exceptions.
CM(M) 3583/2024 & CM APPL. 59657/2024
1. Petitioner is defending a commercial suit and when the matter was taken up by the learned Trial Court on 22.08.2024, it directed appointment of Court Commissioner for recording of evidence and observed therein that the entire evidence be concluded within eight weeks of initiation of such proceedings by such Court Commissioner.
2. The grievance of the defendant is that such period given for the purpose of recording of entire evidence is too less and may be suitably enhanced.
3. It seems to be mere figment of imagination of the petitioner.
4. In case, for whatever reason, the evidence of the parties is not concluded within the aforesaid period, the parties can always approach the learned Trial Court with request and wherever it is found appropriate and desirable, the learned Trial Court can always extend the period, suitably.
5. Therefore, this Court does not find any reason to interfere with the impugned order. Petition is accordingly disposed of.
6. Needless to say, both the sides would render due assistance and co-operation to the learned Court Commissioner so that the evidence is recorded within the time-frame given by the learned Trial Court. However, if for any justifiable reason, such evidence is not concluded within the aforesaid period, the parties would be at liberty to approach the learned Trial Court seeking further necessary direction in the matter.

(MANOJ JAIN) JUDGE
OCTOBER 9, 2024/dr

CM(M) 3583/2024 1