New Era Industies v. K M Europa Metal Ag

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 231/2017 & CM No. 38537/2017 NEW ERA INDUSTIES ..... Petitioner Through:

Mr. Aakash Sherwal, Mr. Kshitij Kumar & Mr. Apurv Prashari, Advocates.

versus K M EUROPA METAL AG ..... Respondent Through:

Mr.P.K. Bansal, Ms. Poonam Anand & Mr. Kamal Budhiraja, Advocates.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 01.05.2018 The prayer of the petitioner - plaintiff of the suit (CS No. 6855/2017) for recall of the witness (PW-1) to bring on record a certificate under Section 65 B of Indian Evidence Act, 1872 with reference to email dated 09.08.2005 which had statedly emanated from the office of the respondent (defendant in the suit) was declined by the trial court by the impugned order for various reasons. It is the said order which is sought to be assailed by the petition at hand.

During the course of hearing, the learned counsel for the respondent (defendant) submitted that the document in the nature of print out of the email dated 09.08.2005, copy of which was marked to the plaintiff of the suit is not disputed. The counsel for the petitioner also submitted that at the C.R.P. 231/2017

stage of admission/denial of the documents, the print out of the email was admitted by the respondent's representatives. It that be so, this Court wonders as to why there is a need for strict proof of such document to be adduced.

At this stage, the counsel for the petitioner submitted the petitioner would rely on the admitted documents and, therefore, does not press the petition for any further relief.

The petition and the application are disposed of accordingly. R.K.GAUBA, J.

MAY 01, 2018 nk C.R.P. 231/2017