Terkheda Chemicals Pvt Ltd Through Its Managing Director v. Ulka Pradeep Jain And Others

985 WP NO 14670 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14670 OF 2019 TERKHEDA CHEMICALS PVT LTD THROUGH ITS MANAGING DIRECTOR

VERSUS

ULKA PRADEEP JAIN AND OTHERS ...

Advocate for Petitioner : Mr.Mahendra B. Kolpe ...

CORAM

:

RAVINDRA V. GHUGE, J.

DATE :

6th December, 2019.

PER COURT :- 1.

The petitioner, original claimant in L.A.R.No.48/2017, is aggrieved by the last chance granted on 05/04/2019 to the objector, respondent No.1 in this petition, for presenting herself for crossexamination. Grievance is that respondent No.1 filed an affidavit in-lieu of examination-in-chief in the said proceeding on 07/04/2018. Since then, she is seeking adjournments on various pretext and is not presenting herself for cross-examination. It is

985 WP NO 14670 of 2019.odt pointed out that from 07/04/2018 till today, despite the petitioner being desirous of cross-examining her, she is not presenting herself.

2.

I find that the impugned order dated 05/04/2019 is already fructified and it would be pointless to entertain this petition as against an adjournment granted on 05/04/2019.

3.

In view of the above, this petition is disposed off by directing the L.A.R. Court that the petitioner be permitted to cross-examine respondent No.1 on the ensuing date and if the said respondent remains absent for a reason, which cannot be said to be reasonable, the learned Court would discard the examination-in-chief of the said witness.

( RAVINDRA V. GHUGE, J. ) SSTare