Vinay Kumar v. Rakesh Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-1668-2025 (O&M) Date of Decision : 08.04.2025 Vinay Kumar ....Petitioner

VERSUS

Rakesh Kumar ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sandeep Sharma, Advocate for the petitioner. Mr. Karan Singla, Advocate for the respondent. ALKA SARIN, J. (Oral) 1.

The limited prayer in the present revision petition is for grant of one opportunity to the petitioner to lead his evidence at his own risk and responsibility.

2.

Learned counsel for the petitioner would contend that only one witness i.e. PW-1 needs to be cross-examined and in fact he has already been partly cross-examined. Learned counsel for the petitioner would further contend that the petitioner is also willing to compensate the respondent by way of costs.

3.

Mr. Karan Singla, Advocate has put in appearance on behalf of the respondent and states that 10 opportunities have already been availed by the petitioner and despite various opportunities the PW-1 did not come present for his remaining cross-examination.

4.

Heard.

JITENDER KUMAR 2025.04.09 09:56 I attest to the accuracy and authenticity of this document Chandigarh

CR-1668-2025 -25.

No doubt the petitioner has been remiss in producing PW-1 for his remaining cross-examination, however, in order to do complete justice between the parties, one opportunity is granted to the petitioner to produce PW-1 at his own risk and responsibility for his remaining cross-examination subject to payment of ₹30,000/- as costs to be paid to the respondent, which shall be a condition precedent.

6.

Present revision petition is disposed off in the above terms. Pending applications, if any, also stand disposed off. 7.

It is made clear that in case the cost is not paid to the respondent, the present revision petition shall be deemed to have been dismissed. It is also clarified that any observation made herein shall not be treated as an expression of opinion on the merits of the case. ( ALKA SARIN ) 08.04.2025 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.04.09 09:56 I attest to the accuracy and authenticity of this document Chandigarh