Prakash Chand Nagar v. Rakesh Arora (Deceased) Thr Lrs

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3734/2024 & CM APPL. 63560/2024 PRAKASH CHAND NAGAR .....Petitioner Through:

Mr. Vivek B. Saharya, Mr. Nishant and Mr. Shubhit Malhotra, Advocates.

versus RAKESH ARORA (DECEASED) THR LRS .....Respondent Through:

Mr. Sarthak Gupta, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 28.10.2024 CM APPL. 63561/2024 (Exemption) Exemption allowed, subject to all just exceptions. CM(M) 3734/2024 1.

Petitioner herein is defending a suit and is aggrieved by order dated 5th August, 2024 whereby his right to cross-examine plaintiff (PW1) has been closed.

2.

Learned counsel for the respondent (plaintiff) appears on advance notice and states that, without prejudice to his rights and contentions, he would have no objection if one last opportunity is granted to petitioner (defendant) to cross-examine PW1 albeit subject to imposition of heavy cost. 3.

Keeping in mind the overall facts and circumstances of the case and also keeping in note the concession given by Mr. Sarthak Gupta, learned counsel for respondent (plaintiff), the petition is allowed and defendant is CM(M) 3734/2024 1 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 04/11/2024 at 11:00:58

given one last and final opportunity to cross-examine PW1, subject to Cost of Rs.10,000/-.

4.

The case is fixed tomorrow before the learned Trial Court for remaining PE.

5.

Let such cost be cleared tomorrow itself.

6.

Learned Trial Court would be, however, at liberty to fix up appropriate date for aforesaid purposes i.e. for cross-examination of PW1. MANOJ JAIN, J OCTOBER 28, 2024/ss CM(M) 3734/2024 2 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 04/11/2024 at 11:00:58