Daulat Agro Pvt. Ltd. Thr Its Director v. D S Sabale And Associates

IRESH SIDDHARAM MASHAL MASHAL Date: 2022.03.15 17:33:36 +0530 28.966.22 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 966 OF 2022 DAULAT AGRO PVT. LTD. THR ITS ....PETITIONER DIRECTOR V/s.

M/S. D S SABALE AND ASSOCIATES .....RESPONDENT Mr. Rushikesh S. Kale Advocate for the Petitioner CORAM :

NITIN W. SAMBRE, J.

DATE:

MARCH 14, 2022.

P.C.:

1) Though served none appears for Respondent-Plaintiff. Application Exh. 203 moved by Petitioner-Defendant for setting aside 'No cross' order was rejected on 11/10/2021.

2) It is the claimed that since counsel for Defendant was not available, matter could not be conducted on the day when the suit was ordered to be proceeded without cross-examination. Fact remains that after the affidavit of Plaintiff vide his examination-inchief on 07/12/2018, the Trial Court has observed that at the behest 1/2

28.966.22 wp.doc of Petitioner-Plaintiff, trial was adjourned for almost 12 times. This non-cooperative attitude on the part of Petitioner-Defendant is deprecated.

3) In addition to cost of Rs. 5000/- which is deposited, the Petitioner shall deposit cost of Rs. 10,000/- before the Trial Court within period of 4 weeks from today, to which Petitioner will be entitled to withdraw.

4) Petitioner-Defendant shall forthwith conduct the examination of the Plaintiff and complete the same in one sitting. Subject to above, order impugned dated 11/10/2021 ordering no-cross passed under Exh. 203 is quashed and set aside.

5) If the Petitioner-Defendant fails to deposit the Cost or complete the recording of evidence as observed herein above, the Trial Court will be at liberty to pass appropriate order against the PetitionerDefendant. 6) Petition stands allowed in the above terms.

[NITIN W. SAMBRE, J.] 2/2