Tuf Metallurgical Pvt. Ltd. v. Nortech Ferroalloys Pvt. Ltd.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1894/2023 TUF METALLURGICAL PVT. LTD.

..... Petitioner Through:

Mr.Vaibhav Mahajan, Adv.

versus NORTECH FERROALLOYS PVT. LTD.

..... Respondent Through:

Mr. Rajesh Khaware, Adv.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 16.01.2024 CM APPL. 59343/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CM(M) 1894/2023, CM APPL. 59342/2023 (stay) 3.

After addressing some arguments, learned counsel for the respondent submits that he has no objection, in case the evidence of only PW-2 i.e. Deputy Commissioner of Customs at Mundra Port, Gujarat is allowed to be recorded. It is further submitted that apart from that the petitioner herein will not summon or get evidence of any other witness recorded. 4.

Learned counsel for the petitioner submits that he shall abide by the terms and he be permitted only to record the evidence of PW-2. He further undertakes that in case, the said witness appears on the next date of hearing, he shall examine the witness on the next date of hearing itself. 5.

In view of the submissions made, petitioner is allowed to get the 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 21/05/2024 at 15:08:10

evidence of PW-2 i.e. Deputy Commissioner of Customs at Mundra Port, Gujarat recorded for which only single opportunity shall be granted to the petitioner, subject to convenience of the learned Trial Court and availability of PW-2.

6.

Petition along with pending application(s) is disposed of accordingly. SHALINDER KAUR, J JANUARY 16, 2024/ss 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 21/05/2024 at 15:08:10