Full Text
HIGH COURT OF DELHI
JUDGMENT
M /S M.S. ENGINEERS INDIA PVT. LTD. ..... Petitioner
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA Advocates who appeared in this case:
For the Petitioner : Mr. Babu Malayil, Advocates
For the Respondent : None.
1. Petitioner challenges the order dated 06.07.2022 in CS NO. 1030/2016 titled as “Marion Wuerth India Pvt. Ltd vs. M/s. M.S. Engineers India Pvt. Ltd.” whereby the evidence of the petitioner/ defendant was closed for the reason that numerous adjournments were already availed of by the learned counsel and that the evidence of the plaintiff was closed as far back as on 13.09.2018. [ The proceeding has been conducted through Hybrid mode ]
2. In the order passed by this Court on 22.09.2022 particularly paragraph 7, this Court had noted the details of the relevant dates in the suit, wherefrom the present petition arises. The said paragraph is extracted hereunder:
3. It is clear from the aforesaid detailed examination of the dates and the reasons for adjournment that that the Trial Court could have easily afforded one more opportunity to the petitioner/ defendant to lead its evidence. From the aforesaid, it is also clear that the petitioner could not be blamed for the delay.
4. The office report reveals that the respondent has been served and learned counsel submits that on the last date of hearing, someone had appeared for the respondent. However, since this Court had risen by that time, the petition could not be taken up for consideration
5. Keeping in view the aforesaid as also the detailed examination of the list of dates as noted above, this Court is of the considered opinon that the order dated 06.07.2022 be set aside and one opportunity to examine its witnesses be granted to the petitioner/ defendant.
6. It has been given to understand that the matter is now listed before the learned Trial Court on 25.05.2023. Learned counsel submits that the witnesses are to be summoned from Bombay.
7. Learned counsel may file an appropriate application before the learned Trial Court seeking summoning of the witnesses on or before 25.05.2023. The learned Trial Court shall pass necessary orders to summon the witnesses and fix the matter for recording of evidence of the petitioner/ defendant’s witnesses.
8. With the aforesaid direction, the petition along with pending application is disposed of with no order as to costs.
TUSHAR RAO GEDELA, J. MAY 16, 2023