MR KAMOD KARWAL & ANR. v. MR JAGDISH CHANDER & ORS.

1. This hearing has been conducted through hybrid mode.

2. The present petition has been filed by the petitioners under Article 227 of the Constitution of India, 1950, assailing the order dated 23rd March, 2026 passed by the learned Trial Court in RCA DJ 61161/16, whereby the opportunity of the petitioner for cross-examination of witness namely-Ms. Vinati Taneja (PW/4) has been closed.

3. During the course of the arguments, learned counsel for the petitioner submits that if one more opportunity is granted, the petitioner shall cross-examine the witness namely-Ms. Vinati Taneja (PW/4).

4. Per contra, learned counsel for the respondent submits that the learned trial court had closed the petitioner’s opportunity to cross-examine the PW/4, after granting sufficient opportunities to the petitioner. If the petitioner is CM(M) 848/2026 granted one more opportunity to cross-examine the said witness, then the same should be subject to payment of exemplary costs.

5. Keeping in view the facts and circumstance of the case, the submissions made by the learned counsels and in the interest of justice, the petitioner is granted one more opportunity to cross-examine the PW-4, subject to payment of costs of Rs. 5,000/- to the respondent.

6. The trial court shall allow the cross-examination on the date fixed or any other date convenient to the trial court.

7. Accordingly, the petition is disposed on in the above-said terms. Pending application(s), if any, also stand disposed of.

RAJNEESH KUMAR GUPTA, J APRIL 17, 2026/v/ik