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Madras High CourtA/2180/2023disposed of

M/S.Napc Limited, A Company Incorporated Under The Companies Act, 1956 v. The Executive Director, Tamil Nadu Road Infrastructure Development Corporation

2023-04-13Honourable Mr Justice S. Sounthar2 pages

A.No.2180 of 2023 A.No.2180 of 2023 in CS.No.140 of 2019 S.SOUNTHAR , J.

The instant application in A.No.2180 of 2023 has been filed by the plaintiff in the suit seeking appoint of Advocate Commissioner for conducting further cross examination of DW1.

2. It is seen from the averments found in the affidavit that the cross examination of DW1 was already commenced before the learned Additional Master No.III and the instant application have been filed in the midst of the cross examination.

3. In view of the fact that the evidence of DW1 was partly recorded by the leaned Additional Master No.III, this Court is not inclined to allow this application.

1/2 https://www.mhc.tn.gov.in/judis

A.No.2180 of 2023 S.SOUNTHAR , J.

dna

4. However, in view of the difficulties expressed by the counsel for the applicant in cross examining the witness with regard to the complex construction dispute in the suit, following case management schedule is fixed for cross examining DW1: the further cross examination of DW1 is to be taken up on 20.04.2023 and 26.04.2023 at 2.15 P.M., by the learned Additional Master No.III.

5. Accordingly, this application is disposed of. 13.04.2023 dna A.No.2180 of 2023 in CS.No.140 of 2019 2/2 https://www.mhc.tn.gov.in/judis