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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Amit Bansal, JJ.
Shashvat Nakrani - Appellant
Versus
Ashneer Grover - Respondent
FAO(OS) (COMM) 30 of 2024, CAV 86 of 2024 & CM Nos.11020-22 of 2024
Decided On : 22-02-2024
Court Direction - Discharge of Caveat - Fast Track Trial
Fact of the Case:
The parties arrived at a consensus to dispose of the appeal with directions to fast track the trial, given the narrow compass of the issue involved.
Finding of the Court:
The court issued agreed directions, including framing of issues, appointment of a Court Commissioner to record evidence, filing of affidavits of evidence, and payment of compensation fee to the Court Commissioner.
Issues: The appeal was directed against a judgment and the court had not examined the matter on merits, keeping the question(s) of law raised in the appeal open.
Ratio Decidendi: The court directed the fast track trial process to expedite the resolution of the matter without examining the merits of the case.
Final Decision: The appeal was disposed of with agreed directions for fast track trial, and the pending applications were closed.
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CAV 86/2024
1. Since learned counsel for the respondent/caveator has entered appearance, the caveat is discharged.
CM No.11022/2024
2. Allowed, subject to just exceptions.
FAO(OS) (COMM) 30/2024, CAV 86/2024 & CM Nos.11020-22/2024
3. This appeal is directed against the judgment dated 15.12.2023 passed by the learned Single Judge.
4. Notably, after we had heard learned counsel for the parties for quite some time, they arrived at a consensus which was that the appeal could be disposed of with directions to fast track the trial, given the fact that the pleadings stand filed and the issue involved falls in a narrow compass.
5. We are told that the matter is fixed before the learned Single Judge on 28.02.2024.
6. Accordingly, the following agreed directions are issued:
(i) The learned Single Judge is requested to frame issues in the matter on the next date of hearing, i.e., 28.02.2024.
(ii) Ms R. Kiran Nath, Former District Judge, (Ph. No. 9910384659) is appointed as a Court Commissioner to record evidence in the matter. The Court Commissioner will endeavour to complete the recordal of evidence within the next eight (8) weeks.
(iii) The disputants will file their respective affidavits of evidence within one week of the issues being framed.
(iv) Once evidence is recorded, the learned Single Judge will endeavour to hear final arguments in the matter at the earliest.
(v) The learned Court Commissioner will be paid a compensation fee of Rs 3 Lakhs. In addition thereto, secretarial costs and out of pocket expenses will be reimbursed to the learned Court Commissioner. The burden of fees and costs shall be borne in equal measure by the disputants.
7. Since we have not examined the matter on merits, the question(s) of law raised in the appeal are kept open.
8. The appeal is disposed of, in the aforesaid terms.
9. Consequently, the pending applications shall stand closed.
10. Parties will act based on the digitally signed copy of the order.
Expedited trial process can be directed by the court to fast track the resolution of a matter without examining the merits of the case.
Enforcement of arbitral awards and the obligation to pay the awarded sum along with interest as per the terms of the award.
The power to issue a commission for recording evidence is discretionary and should be exercised cautiously and sparingly, especially when the party to the litigation claims to be examined by a commis....
The court has discretion to appoint an Advocate Commissioner to take evidence from a defendant unable to attend court due to health reasons, emphasizing the protection of fundamental rights.
The court affirmed the necessity to consider a defendant's health and age in granting commissions for evidence gathering, reinforcing the right to a fair trial.
The court's decision was based on the agreement between the parties and the modification of the impugned judgment and decree.
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