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© $-23,24 & 25 HIGH COURT OF DELHI
CRL.REV.P. 377/2012
APEXLYNX MARKETING & AENGINEERING PVT LTD & ANR
Petitioner
Through: Mr.V.K.Sidharthan, Adv.
CRL.REV.P. 377/2012
APEXLYNX MARKETING & AENGINEERING PVT LTD & ANR
Petitioner
Through: Mr.V.K.Sidharthan, Adv.
VERSUS
SARRETA MEDICARE PVT LTD Respondent
Through: Mr.Anand Jha, Adv. And
Through: Mr.Anand Jha, Adv. And
CRL.REV.P. 378/2012
. APEXLYNX MARKETING & AENGINEERING PVT LTD & ANR
Through: Mr.V.K.Sidharthan, Adv.
. APEXLYNX MARKETING & AENGINEERING PVT LTD & ANR
Through: Mr.V.K.Sidharthan, Adv.
VERSUS
SARRETA MEDICARE PVT LTD A And
CRL.REV.P. 380/2012
APEXLYNX MARKETING & ENGINEERING PVT LTD & ANR
2013:DHC:8467
Through; Mr.V.K.Sidharthan, Adv.
APEXLYNX MARKETING & ENGINEERING PVT LTD & ANR
2013:DHC:8467
Through; Mr.V.K.Sidharthan, Adv.
VERSUS
SARETA MEDICARE PVT LTD
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
21.03.2013 Mr.Anand Jha, Adv. enters appearance on behalf of respondent and seeks
^^time to file reply. Let the same be filed by the respondent within four weeks, rejoinder within four weeks thereafter
During the course of hearing of the present matters counsel for the respondent has given his consent for one more opportunity being granted to the petitioner for his defence evidence but with a condition that no further opportunity will be granted to the petitioner on the failure of the petitioner to produce the evidence after the grant of said opportunity.
^ Ihave heard counsel for the parties.
Vide order dated 20.4.2012 the Ld.MM had closed the right ofthe petitioner to lead the defence evidence as no defence evidence was produced by the petitioner on the said date. In the said order, the Ld.MM had also observed that several opportunities were granted to the petitioner to lead his evidence buthe failed to do so despite grantof several opportunities.
Considering the fact that counsel for the respondent has very fairly submitted that petitioner be afforded one more opportunity for his defence evidence so that this matter is not delayed further the petitioner is granted one more opportunity to lead his evidence subject to payment of cost of ^5000/- in each case. The impugned order dated 20.4.2012 is accordingly set aside. It is made clear to counsel for the petitioner that on the failure of the petitioner to lead evidence on the date fixed by the Ld.MM, no further opportunity shall -be granted
^tothe petitionerfor defence evidence.
List the matter on the date already fixed beforethe Ld.Trial Court.
With the above direction thepresent petitions aredisposed of
MARCH 21,2013 g KAILASH GAMBfflR, J
21.03.2013 Mr.Anand Jha, Adv. enters appearance on behalf of respondent and seeks
^^time to file reply. Let the same be filed by the respondent within four weeks, rejoinder within four weeks thereafter
During the course of hearing of the present matters counsel for the respondent has given his consent for one more opportunity being granted to the petitioner for his defence evidence but with a condition that no further opportunity will be granted to the petitioner on the failure of the petitioner to produce the evidence after the grant of said opportunity.
^ Ihave heard counsel for the parties.
Vide order dated 20.4.2012 the Ld.MM had closed the right ofthe petitioner to lead the defence evidence as no defence evidence was produced by the petitioner on the said date. In the said order, the Ld.MM had also observed that several opportunities were granted to the petitioner to lead his evidence buthe failed to do so despite grantof several opportunities.
Considering the fact that counsel for the respondent has very fairly submitted that petitioner be afforded one more opportunity for his defence evidence so that this matter is not delayed further the petitioner is granted one more opportunity to lead his evidence subject to payment of cost of ^5000/- in each case. The impugned order dated 20.4.2012 is accordingly set aside. It is made clear to counsel for the petitioner that on the failure of the petitioner to lead evidence on the date fixed by the Ld.MM, no further opportunity shall -be granted
^tothe petitionerfor defence evidence.
List the matter on the date already fixed beforethe Ld.Trial Court.
With the above direction thepresent petitions aredisposed of
MARCH 21,2013 g KAILASH GAMBfflR, J
JUDGMENT