JUDGMENT 1. The Court: This application has been made by the defendant for issuing of Commission for the examination of the witnesses who are to depose for the parties to the suit. 2. It is the contention of the defendant that there are a total of 1798 documents disclosed by the plaintiff and the Judges Brief of Documents is in five volumes. The substantial documentary evidence adduced by the plaintiff has been challenged by the defendant. The primary contention of Mr. Abhrajit Mitra, learned Senior Advocate, assisted by Mr. Jishnu Chowdhury and Mr. Sarvapriyo Mukherjee, is that the examination-in-chief of the plaintiffs first witness commenced on 20th November, 2018 and is yet to be completed. The examination-in-chief has taken eight days and is still not complete. Further, since the documentary evidence relied on by the parties runs into several volumes, the cross-examination of the plaintiffs witness can reasonably be expected to continue over a substantial period of time. The prayer is therefore that the plaintiffs first witness, one Mr. Anil Kumar Chiripal, may be examined on Commission together with the witness of the defendant. Mr. Mitra relies on Narendra Kumar Berlia vs. Om Prakash Berlia reported in AIR 2019 Cal 104 which was a decision under Order XXVI Rule 4-A of The Code of Civil Procedure where the Court allowed the prayer for Commission on the overriding on the touchstone of 'interest of justice or for the expeditious disposal of the case or for any other reason' under Rule 4-A. Counsel submits that the plaintiffs witness resides within jurisdiction and there is no impediment for issue of Commission for examination of such witness. 3. Mr. Reetobroto Mitra, learned Counsel appearing for the plaintiff, opposes the prayer for Commission and submits the examination-in-chief has been concluded and that there would be 200 questions at most which should be asked in Court. Counsel submits that if the examination of the witnesses is done in Court, the hearing would be more expeditious than in Commission. 4. Having heard learned Counsel for the parties and upon considering the decision in Narendra Kumar Berlia , which has not been challenged by any of the parties to the said proceeding, this Court is of the view that Order XXVI Rule 4-A begins with a non-obstante clause and makes every other consideration subservient to interest of justice and expeditious disposal of the case. The discretion envisaged in Order XXVI Rule 4-A would be apparent from 'or for any other reason' which gives a court the power to issue an order for Commission in fit cases. The insertion of Rule 4-A to Order XXVI from 1st July, 2002 does away with the requirement of Order XXVI Rule 1 provided the proposed witness resides within the local limits of the jurisdiction of the particular court. The cause title to the plaint shows that the witness, who is a Director of the plaintiff, carries on business from the plaintiffs registered office at P-9, New C.I.T. Road, Calcutta-73, which is within the jurisdiction of this Court. It should also be mentioned that in Order XVIII Rule 4 (recording of evidence), sub-sections 2, 3, 4, 5, 6 and 7 provide for the evidence of witnesses to be taken either by the Court or by the Commissioner appointed by a Court. In fact, Order XVIII Rule 4 gives certain powers to the Commissioner in relation to the demeanour of any witness while under examination. Further, Order XVIII Rule 19, which again begins with a non-obstante clause, provides that a Court instead of examining witnesses in open court may direct their statements to be recorded in examination under Order XXVI Rule 4-A. Moreover, being a commercial suit, the provisions of The Commercial Courts Act, 2015 with regard to expedition of matters would come into play. There are several provisions in The Commercial Courts Act which have a bearing on The Code of Civil Procedure and casts an obligation on a court hearing a commercial suit to expeditiously hear and dispose of matters. The recommended procedure for such expedition has also been provided in Section 15 and other provisions of the Commercial Courts Act. The requirements of Rule 4-A in Order XXVI has pushed the boundaries of the discretion which is available to a court in the interest of justice and for expedition and is one of the striking features of the Act of 2015. 5. In Narendra Kumar Berlia , the application for Commission had been made at the instance of the plaintiff and the Court had allowed such application on the strength of Order XXVI Rule 4-A. The instant application has been made by the defendant who urges that the voluminous documents disclosed by the parties would entail a long process of examination of witnesses. Since the carriage of proceedings is with the plaintiff, there is no reason why the plaintiff should be prejudiced if the examination of witnesses is permitted to be conducted by way of Commission. Such an order would ultimately enure to the benefit of both the parties. It is nobodys case that the demeanour of the witnesses would be a relevant consideration which could persuade the court to cause before issuing an Order for Commission. In any event, the demeanour requirement has been provided for under Order XVIII Rule 4(4) of the CPC. 6. In view of the above reasons, the defendants application for examination of witnesses in Commission is allowed. Since the defendants application is for issue of Commission for the examination of all the witnesses comprising both of the plaintiff as well as that of the defendant. Mr. Rajratna Sen of the Bar Library Club is appointed Commissioner to conduct the cross-examination of the plaintiffs witness, Mr. Anil Kumar Chiripal. The Commission should commence from 4.30pm on and from 31st January, 2020 and continue on a day-to-day basis as far as possible. Since learned Counsel for the plaintiff submits that the plaintiffs witness will not be available from 6th February, 2020 to 14th February, 2020, the Commission should be completed by 24th February, 2020. The Commissioner is requested to file a report within a fortnight thereafter. The Commissioner will be paid a consolidated remuneration of Rs.80,000/- at the first instance by the defendant which may be increased with leave of Court. Mr. Manish Chandra Roy of the Bar Library Club is appointed Commissioner to conduct the examination of the defendants witness/witnesses which will start from 2nd March, 2020 from 4.30pm onwards on a day-to-day basis as far as possible and be completed by 15th April, 2020. The Commissioner is requested to file a report within a fortnight thereafter. The Commissioner will be paid a consolidated remuneration of Rs.1,25,000/-which will be borne equally by the plaintiff and the defendant. The Commissioners remuneration may also be increased subject to leave of Court. 7. It is also made clear that the defendant will have the opportunity of filing an affidavit of evidence as provided under Order XVIII Rule 1-A of the CPC as amended by the Commercial Courts Act, 2015. 8. Both Mr. Rajratna Sen and Mr. The Commissioners remuneration may also be increased subject to leave of Court. 7. It is also made clear that the defendant will have the opportunity of filing an affidavit of evidence as provided under Order XVIII Rule 1-A of the CPC as amended by the Commercial Courts Act, 2015. 8. Both Mr. Rajratna Sen and Mr. Manish Roy are requested to ensure that the timelines mentioned in this order are complied with. All incidental and miscellaneous expenses for the Commission including for clerkage and stenographers will be borne by the defendant in respect of the plaintiffs witness and by both the parties equally for the defendants witness. The Commissioners will be free to decide on a venue according to the convenience of all the concerned parties. 9. The Registrar, Original Side is requested to make the records of the present case available to the Commissioners and to depute such persons from the Court for the Commission as the Registrar may consider fit and upon appropriate reimbursement or otherwise as found fit in the circumstances. The application being GA 79 of 2020 is disposed of with the above directions.