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CM(M)65/2015 & CM No.1300/2015
GURCHARAN SINGH&ANR Petitioners
Through: Mr.Ravinder Yadav and MsArti Anupriya,Advs.
Through: Mr.Dinesh Garg and Ms.Rachna Agrawal,Advs.for R-1
SURESH KUMAR MANGLA&ANR Petitioners
Through: Mr.Ravinder Yadav,Adv.
AND
ARVIND AGGARWAL& ANR Petitioners
2015:DHC:10823 PREM SHANKAR AGGARWAL&ANR Petitioners
15.07.2015
ORDER
1. By way ofthese petitions filed under Article 227 ofthe Constitution ofIndia,petitioners have madethefollowing prayers:a) To summon the trial Court record and set aside the orders dated 19"" November,2014 and 8^ December,2014 passed by the learned Additional District Judge in CS Nos.73/2014,26/2014,27/2014&25/2014. b) To waive the costs imposed on petitioners in CS Nos.73/2014, 26/2014,27/2014&25/2014. c) To allow the applications of petitioner to summon witnesses in CS Nos.73/2014,26/2014,27/2014&25/2014.
2. Sh.Dinesh Garg, learned counsel for the respondents submits that to cut short the matter and to avoid further delay in the trial, without even pressing for costs let the petitioners be given two opportunities only in a time bound manner and conclude their defence evidence and summon the witnesses to prove the documents in defence.
3. Learned counsel for the respondents has gone a step ahead submitting that in case the petitioners exhibit the copy ofFIR,copy ofRevenue Form (P-4) and certified copy of the bank statement pertaining to account No.10660 Syndicate Bank, G.B.Road Branch, Delhi-110006, the respondents will have no objection to the mode ofproofbut with right to cross-examine the witness on these documents, for rest ofthe documents whicharestatedtobecontainedinpolicefilepertainingtoFIRNo.103/2010 dated 20^ April, 2010 under Section 448/34 IPG, the petitioners may summon the official witness from the concerned police station to produce that file.
4. Learned counsel for the petitioners submits that ifthe opportunity is given to the petitioners to lead evidence in the manner agreed by learned counsel for the respondent, every effort will be made by the petitioners to concludetheevidence by availing maximum two opportunities.
5. In view of the submissions made by the learned counsel for the parties, the petition is allowed with direction that for the purpose of enabling the petitioners to conclude DE,learned trial Court will not give more than two opportunities and that too within a span of maximum two monthsfrom the nextdate ofhearing i.e.2L'July,2015.
6. Learned counsel for the petitioners undertakes not to:seek any adjournment before learned trial Courton the dates fixed for DE.'
7. The petition stands allowed in above terms.
8. Dasti. JULY 15,2015 'rb' RATIBHA