M/S Cure Quick Pharmaceuticals & ANR v. Gurudev Singh

$~A-41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 65/2017 and CM No. 2277/2017 M/S CURE QUICK PHARMACEUTICALS & ANR..... Petitioners Through Mr. Karan Kapoor and Mr.Mayank Jain, Advocates.

versus GURUDEV SINGH ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 20.01.2017 1.

By the present petition filed under Article 227 of the Constitution of India, the petitioners seek to challenge the order dated 15.11.2016 by which the defendant's/petitioners evidence was closed. The trial court noted that the case is fixed for cross-examination of DW1. It also noted the submission of the learned counsel for the petitioner that the said witness could not appear due to illness. However, the trial court noted that no medical certificate has been placed on record and closed the right of the petitioner to lead evidence.

2.

Learned counsel for the petitioners submits that the said witness travels from Karnal. He has appeared on several dates but on this particular date he could not appear on account of illness. He submits that the medical certificate shall be filed before the trial court. CM(M) 65/2017

3.

Subject to payment of costs of Rs.7,500/-, a last opportunity is granted to the petitioners to produce DW1 for his cross-examination on the date to be fixed by the trial court. On the date so fixed, no adjournment shall be granted to the petitioners.

4.

In view of the above, the present petition and all pending applications stand disposed of.

JAYANT NATH, J JANUARY 20, 2017 rb CM(M) 65/2017