2016 (4) TMI 1379 - HC - Indian Laws

Suit for recovery - recovery of the security amount against the plaintiff - HELD THAT - The learned Local Commissioner shall videograph and also take photographs, while executing the commission for which the expenses shall be borne by the plaintiff. The Local Commissioner shall be paid an amount of ₹ 50,000/-, to be paid by the plaintiff. During the execution of the commission, the representatives of the parties shall be present. The Local Commissioner shall execute the commission on Saturday April 9, 2016 at 11.00 AM. Application disposed off. List before Joint Registrar for further proceedings on 20th May, 2016.

Summary

Issues involved:
1. Suit under Order XXXVII CPC for recovery of security amount.
2. Application under Section 94 read with Order 26 Rule 9 CPC and Section 151 CPC for appointment of a Local Commissioner.
3. Delay in filing the written statement.

Detailed Analysis:
1. The defendant filed a suit under Order XXXVII CPC for the recovery of the security amount against the plaintiff in the District Court, Delhi. The defendant expressed readiness to hand over possession without prejudice to their stand. The plaintiff, represented by learned Senior Counsel, mentioned the filing of IA 1588/2016 under Section 94 read with Order 26 Rule 9 CPC and Section 151 CPC for the appointment of a Local Commissioner. It was proposed that the property in question be handed over by the defendant to the plaintiff in the presence of the Local Commissioner, who would inspect the property's condition, including elevator, fixture, furniture, appliances, etc. The defendant had no objection to this proposal. Consequently, Mr. Anil Kumar Verma was appointed as the Local Commissioner to oversee the possession handover and inspect the property, with expenses to be borne by the plaintiff. The Local Commissioner was directed to videograph and photograph the process during the commission execution, which was scheduled for a specific date and time.

2. The application under Section 94 read with Order 26 Rule 9 CPC and Section 151 CPC for the appointment of a Local Commissioner was disposed of with the appointment of Mr. Anil Kumar Verma. The Local Commissioner's responsibilities included visiting the property, supervising the possession handover, inspecting the property's condition, and preparing a status report to be filed in the Court. The plaintiff was directed to bear the expenses of the commission, including a payment of &8377;50,000 to the Local Commissioner. It was specified that the commission execution would take place on a designated date and time, during which the parties' representatives were required to be present. The entire process was to be documented through videography and photography to ensure transparency and accuracy in the proceedings.

3. In another matter related to CS(COMM) 75/2016, the defendant's counsel acknowledged that the written statement filed by the defendant was beyond the stipulated time. It was indicated that an appropriate application would be filed in this regard. The case was listed before the Joint Registrar for further proceedings on a specified date, with instructions for the issuance of necessary documents under the signatures of the Court Master.