G.D. Goenka Private Limited v. Standard Chartered Bank

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10387/2015 G.D. GOENKA PRIVATE LIMITED ..... Petitioner Represented by:

Mr.Harish Malhotra, Sr.Adv.

instructed by Mr.Nilava Bandhopadhay, Mr.Vihal Gera, Advs.

versus STANDARD CHARTERED BANK ..... Respondent Represented by:

Mr.Ateev Mathur, Mr.A.P.S.Sehgal, Advs.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.03.2016 1.

As we proceeded to hear arguments the loose and laconic pleadings were found to be missing the point. A simple issue concerning entitlement to cross-examine a witness has no pleadings in the writ petition as to why the witness was desired to be cross-examined. Suffice it to state that the writ petition has to centre on the issue settled for determination between the parties, the nature of the testimony of the witness whose cross-examination was desired; highlighting the purpose of the intended cross-examination. 2.

Lest the writ petition suffers dismissal on a technical ground on lack of adequate pleadings we permit the writ petition to be withdrawn with liberty granted to file a fresh petition on the same cause, but with material pleadings.

W.P.(C) 10387/2015

3.

Dismissing the petition as withdrawn liberty is granted to file a fresh petition laying a challenge to the impugned order declining right to crossexamine the deponent of the witness of the bank who has filed the affidavit by way examination-in-chief.

4.

Interim protection granted vide order dated November 04, 2015 is extended till March 12, 2016.

5.

No costs.

CM 25993/2015 (stay) Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

MARCH 01, 2016 'ga'

W.P.(C) 10387/2015