Solan Food Products (P) Ltd v. Breweries Engineering Pvt Ltd
$-5 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) 197/2015 & CM 4375/2015 (stay) + :
I SOLAN FOOD PRODUCTS (?) LTD Petitioner Through:
Mr. P.S. Bhindra, Adv.
versus BREWERIES ENGINEERING PVT LTD Respondent I Through: None
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 15.04.2015 • th • Since 14 April, 2015 was declared a holiday, the matter is being taken up on 15^^" April, 2015.
Even on pass-over none appears on behalf of the respondent despite service.
Vide order dated 4^'' February, 2015 the evidence of the petitioner/defendant was closed as neither DW-1 Vijay Ghosh was present for cross-examination nor any other witness of defendant was present. A perusal of the order sheet of the learned Trial Court would reveal that on 10^^ September, 2014 the plaintiffs evidence was closed in affirmative and the matter was listed for defence evidence on November, r2014. On November, 2014 no defence witness was present and thus the matter was adjourned subject to cost of ?1000/-. On the next date i.e. 8^^ December, 2014 DW-1 Vijay Ghosh was present but he was discharged unexamined for the next date and the cost was paid by the petitioner. On nd 22 December, 2014 the learned PO was on leave and hence the matter CM(M) 197/2015 j 2 By:AMULYA
could not be taken up. On 4''^ February, 2015 when DW-1 was not present, the present order was passed. The reason why Vijay Ghosh was not present on 4^^ February, 2015 was because of confusion in the date as he was residing in Solan.
Learned counsel for the petitioner/defendant informs that the next date before the learned Trial Court is 27^^ May, 2015. He further states that he has to examine only one witness i.e. DW-1 Vijay Ghosh. His evidence by way of affidavit has been tendered and only cross-examination is left. In view of the facts of the case, I deem it fit to grant one opportunity to the defendant to lead his evidence. DW-1 Vijay Ghosh will be present before the learned Trial Court on the next date i.e. May, 2015 when the counsel for the plaintiff would cross-examine him subject to payment of cost of ?5000/- to be paid by the petitioner/defendant to the plaintiff on the next date of hearing.
Petition and application are disposed of.
MUKTA GUPTA, J.
APRIL 15,2015 'ga'
CM(M) 197/2015