Vinod Visht v. K.K Mittal

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1056/2025 & CM APPL. 35066/2025 VINOD VISHT .....Petitioner Through:

Mr. Bipin Kumar with Ms. Komal Jha, Advocates.

versus K.K MITTAL .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 29.05.2025 1.

Petitioner challenges the order dated 26.03.2025 whereby his application moved under Section 45 of Indian Evidence Act, 1872 (Section 39(1) of Bharatiya Sakshya Adhiniyam, 2023) has been dismissed. 2.

Learned counsel for petitioner, in all fairness, submits that when the application was filed, the facts were not properly mentioned, which resulted in dismissal of his application.

3.

After hearing arguments for some time, learned counsel for petitioner does not press the present petition and submits that he would make appropriate application afresh while incorporating the requisite details in such application.

4.

In view of the above, the present petition is disposed of as not CM(M) 1056/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:49:41

withdrawn.

5.

Liberty, as prayed, is granted.

6.

As and when any such application is filed before the learned Trial Court it would consider the same without getting prejudiced by the impugned order dated 26.03.2025.

7.

All rights and contentions of the parties are, however, reserved. 8.

It also needs to be clarified that this Court has not made any observation about merits of any such proposed application and it will be entirely upto the learned Trial Court to take appropriate decision thereupon, in accordance with law.

MANOJ JAIN, J MAY 29, 2025/sw/PB CM(M) 1056/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:49:41