The opportunity to cross-examination, unless there has been an absolute laxity on the part of the petitioner/defendant, ought not to have been denied inasmuch as the right to cross-examine is an indelible right of party before the Civil Court: Delhi High Court
CM (M) 221/2023 & CM APPL. 6609/2023 (Stay)
STANDARD CHARTERED BANK vs SUPREME INFRATECH PVT LTD
The petitioner challenged the order of 25.07.2022 passed in CS DJ 79017/2016 titled ‘M/s Supreme Infratech Pvt. Ltd vs. Standard Chartered Bank’. Matter before the HON’BLE MR. JUSTICE TUSHAR RAO GEDELA.
FACTS OF THE CASE
The petitioner challenged the above order on the grounds that the learned Trial Court has closed the opportunity to cross-examine witness PW-1 (Sh. Vijay Kumar Goel), who was stated to be present on the date when the mentioned order was passed.
Mr. Sanjay Gupta, learned counsel appearing for the petitioner stated that the reason of the counsel being busy before this Court was already made before the learned Trial Court but this was not considered. The counsel contended that the Trial Court has rejected the opportunity to cross-examine the witness in a perfunctory manner.
Learned counsel further submitted that the examination of PW-1 was subject to the payment of costs, which was imposed upon the respondent/plaintiff and that the said cost imposed on the respondent/plaintiff had not been paid till date. The learned counsel contended that the examination of PW-1 could not have taken place for that reason either.
Mr. Swetabh Sharma, learned counsel appearing for the respondent defended the reasons stated in the order of 25.07.2022 and submitted that there existed no procedural impropriety for this Court to interfere under Article 227 (Power of superintendence over all courts by the High Court) of the Constitution of India.
The Court was of the opinion that the opportunity to cross-examination, unless there existed an absolute laxity on the part of the petitioner/defendant, should not to have been denied. It stated that the right to cross-examine is an indelible right of party before the Civil Court.
Thus, the Court allowed the petition, subject to a cost of Rs.20,000/- to be paid by the petitioner/defendant to the respondent/plaintiff on or before the next date of hearing (27.03.2023) fixed before the learned Trial Court.
Thus, disposing the petition.
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JUDGEMENT REVIEWED BY ADITYA G S.
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