$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1466/2011 IHHR HOSPITALITY PVT LTD .....Plaintiff Through: Ms. Roohe Hina Dua, Ms Yashika Kapoor and Mr Abhay Pratap Advs.

versus SEEMA SWAMI & ORS .....Defendants Through: Ms. Preeti Gupta , Ms. Dhairya Gupta, Ms. Urvashi Tyagi, Advocates for D-1 to D7, D9, D15.

Mr. Dharam Dev, Adv. for D-32 Mr. Irfan Ahmed along with Ms.

Ayush Singhal, Advocates for D-33 CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 09.12.2025 I.A. 30352/2025

1. This application under Order XVIII Rule 4(5) of CPC has been filed on behalf of the Plaintiff seeking direction to the Local Commissioner to expedite the recording of Plaintiff’s evidence.

2. It is stated that at present, Plaintiff witness No.4 is now being cross- examined by Defendant Nos.32 and 33 being Axis Bank and SBI Bank. The Local Commissioner, who is recording the evidence, has filed a report which reads as under:

“1. The Hon'ble High Court vide order dated 21.10.2016, appointed the undersigned as Local Commissioner for recording evidence of the parties.

2. In pursuance thereto, the undersigned commenced the recording of evidence in the aforesaid case. The recording of evidence of the plaintiff commenced from

18.02.2017.

3. The evidence of PW-1, PW-2 and PW-3 has been concluded.

4. The witnesses are being cross-examined by the counsel for all the defendants (33 in numbers). The cross examination has been conducted extensively and intensively by learned counsel for the defendants.

5. The examination of PW-4 commenced on 07.03.2022. The cross examination of PW-4 has since been concluded by learned counsel for the defendants

1, 2, 3, 6, 7 and 9 to 15.

6. Cross examination by learned counsel for defendants No. 32 and 33 is in progress. The witness has been cross-examined extensively by learned counsel for both the defendants No. 32 and 33 simultaneously.

7. Learned counsel for defendant No.32 has already put more than 1000 questions (1006) so far. Learned counsel for defendant No.33 also has been cross examining the witness intensively and has already put more than 700 questions (742) so far.

8. It may be noted that evidence-affidavit of PW-4 currently being cross examined runs into 800 pages.

9. The undersigned has conducted 125 proceedings from 2017 till date but still it appears a long way to go. 10. Learned counsel for the defendants have been impressed upon to limit the extent of cross examination and be specific to the issues framed.

11. Accordingly, the interim report is submitted for kind perusal of this Hon'ble Court.”

3. A perusal of the aforesaid Report shows that Defendant No.32 has already put more than 1000 questions and Defendant No.33 also has also put more than 700 questions to PW-4.

4. Undoubtedly, the affidavit of evidence of PW-4, who is now being examined, is 800 pages but it also cannot be ignored that Defendant Nos.32 and 33 are now getting the evidence recorded for the last four years beginning from December, 2021.

5. The Local Commissioner is requested to ensure that no irrelevant/unnecessary questions are put to the witnesses and that an endeavour be made to expedite the conclusion of cross-examination of Defendant Nos.32 and 33 expeditiously, preferably within a period of six months from today.

6. With these observations, the application is disposed of.

7. It is made clear that in case the Local Commissioner is not in a position to conclude the recording of evidence within six months, it is always open for the Local Commissioner to approach this Court for extension of time.

SUBRAMONIUM PRASAD, J DECEMBER 09, 2025 S. Zakir