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HIGH COURT OF DELHI
CM(M)197/2015&CM 4375/2015(stay)
SOLAN FOODPRODUCTS(?)LTD Petitioner
Through: Mr.P.S.Bhindra,Adv.
15.04.2015
• th •
Since 14 April, 2015 was declared a holiday, the matter is being taken up on 15^^"April,2015.
Even on pass-over none appears on behalfofthe respondent despite service. Vide order dated 4^'' February, 2015 the evidence of the petitioner/defendant was closed as neither DW-1 Vijay Ghosh was present for cross-examination nor any other witness ofdefendantwaspresent.
A perusal ofthe order sheet ofthe learned Trial Court would reveal that on 10^^ September, 2014 the plaintiffs evidence was closed in affirmative and the matter was listed for defence evidence on November, r-
ORDER
2014. On November,2014 no defence witness was present and thus the matter was adjourned subject to cost of?1000/-. On the next date i.e. 8^^ December, 2014 DW-1 Vijay Ghosh was present but he was discharged unexamined for the next date and the cost was paid by the petitioner. On nd 22 December, 2014 the learned PO was on leave and hence the matter CM(M)197/2015 j 2 2015:DHC:10811 could notbe taken up. On 4''^ February,2015 when DW-1 was notpresent, the presentorder was passed. Thereason why Vijay Ghosh was notpresent on 4^^ February, 2015 was because of confusion in the date as he was residing in Solan. Learned counsel for the petitioner/defendant informs that the next date before the learned Trial Court is 27^^ May,2015. He further states that he has to examine only one witness i.e. DW-1 Vijay Ghosh. His evidence by way ofaffidavithas beentendered and only cross-examination is left. In view ofthe facts ofthe case,I deem it fit to grant one opportunity to the defendant to lead his evidence. DW-1 Vijay Ghosh will be present before the learned Trial Court on the next date i.e. May,2015 when the counselforthe plaintiffwould cross-examine him subjectto paymentofcost of?5000/- to be paid by the petitioner/defendant to the plaintiffon the next date ofhearing. Petition and application are disposed of.
MUKTA GUPTA,J. APRIL 15,2015 'ga'