Voltas Limited v. G S Lamba & ANR

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 634/2018, CM APPL. 22516/2018, CM APPL. 26661/2018 VOLTAS LIMITED ..... Petitioner Through:

Counsel for the petitioner (Appearance not given.) versus G S LAMBA & ANR ..... Respondents Through:

Ms. Babit Seth, Adv for R-1.

Mr. Lovkesh Sawhney, Adv for R-2.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 29.08.2018 The learned local commissioner, Mr. Anwesh Madhukar appointed vide order dated 12.01.2018 in CS No.43/16 is present in terms of order dated 27.08.2018 of this Court. On a consideration of the submissions that have been made previously on 27.08.2018 and now urged, taking into account the factum that PW-1 was undergoing the cross-examination and the factum that the cross-examination has been partly conducted by the defendant no.1 and the factum that the defendant no.2 has not yet even got an opportunity to cross examine PW-1 and it is considered appropriate in the interest of justice that the cross-examination of PW1 is allowed to be conducted and concluded by the defendant no.1 and by the defendant no.2 the prayer to the effect seeking the cross examination of PW-1 thus allowed with directions to the defendant no.1 and defendant no.2 to complete the cross-examination of PW-1,

MR. G.S. Lamba on the dates 14.09.2018, 15.09.2018 & 29.09.2018 which cross-examination of PW-1 is to commence at 11.30 AM each day, which time and dates have been agreed upon by the petitioner herein and on behalf of the respondent nos.1 & 2, i.e., the defendant nos. 1 & 2 and the plaintiff to CS No.43/16 and no further opportunity for cross-examination of PW-1 would be granted to the petitioner herein, i.e., the defendant no.1 nor to the defendant no.2 after the date 29.09.2018.

With these observations, the petition is disposed of. Copy of this order be sent to the learned Trial Court alongwith the Trial Court Record, which be returned back through Special Messenger.

ANU MALHOTRA, J AUGUST 29, 2018/NC