THE STATESMAN LIMITED v. GOVERNMENT OF NCT OF DELHI & ANR.

Delhi High Court · 24 Nov 2022 · 2022/DHC/005283
Dinesh Kumar Sharma
W.P.(C) 16189/2022
civil appeal_allowed

AI Summary

The Delhi High Court allowed the petitioner-management one final opportunity to lead evidence with conditions including a four-week timeline and costs, after the Trial Court had closed evidence.

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Neutral Citation Number 2022/DHC/005283
W.P.(C) 16189/2022 & Connected matters
HIGH COURT OF DELHI
W.P.(C) 16189/2022, CM APPL. 50650/2022
W.P.(C) 16193/2022, CM APPL. 50656/2022
W.P.(C) 16213/2022, CM APPL. 50710/2022
W.P.(C) 16215/2022, CM APPL. 50716/2022
W.P.(C) 16219/2022, CM APPL. 50747/2022
W.P.(C) 16230/2022, CM APPL. 50793/2022
THE STATESMAN LIMITED ..... Petitioner
Through: Mr. J. S. Bakshi, Mr. Abhishek Mohan and Mr. Amitesh Bakshi, Advs.
VERSUS
GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Shourya Dasgupta, Adv. for Mr. Shardana Farsat, ASC for R-
1/GNCTD.
Ms. Vibha Majajan Seth and Ms. Divyanshi Anand, Advs.
Mr. Fidel Sebastian, Adv. for Workmen
Date of Decision: 24th November, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
VERMA
DINESH KUMAR SHARMA, J.
(Oral)
CM APPLs. 50651-52/2022 (exemptions) in W.P.(C) 16189/2022
CM APPLs. 50657-58/2022 (exemptions) in W.P.(C) 16193/2022
CM APPLs. 50711-12/2022 (exemptions) in W.P.(C)16213/2022
CM APPL.s 50717-18/2022 (exemptions) in W.P.(C)16215/2022
CM APPLs. 50748-49/2022 (exemptions) in W.P.(C) 16219/2022
CM APPLs. 50794-95/2022(exemptions) in W.P.(C) 16230/2022
Exemptions are allowed subject to all just exceptions.
Applications stand disposed of.
W.P.(C) 16189/2022, W.P.(C) 16193/2022, W.P.(C) 16213/2022, W.P.(C)
16215/2022, W.P.(C) 16219/2022 and W.P.(C) 16230/2022

1. The present writ petitions have been filed challenging the order dated 26th September, 2022, whereby the evidence of the management has been closed.

2. Learned counsel for the petitioner-management submits that the petitioner-management may be given only one opportunity to lead the evidence. Learned counsel submits that the management will examine maximum two witnesses.

3. It has further been submitted that the petitioner-management shall bring the witnesses on its own and shall not seek any adjournment.

4. Learned counsel for the petitioner-management submits that since the record is in Kolkata, he may be given four weeks to produce the witnesses.

5. Learned counsel for the respondent No.2 submits that the request of the petitioner may be allowed subject to heavy cost. It has further been VERMA submitted that the petitioner shall not seek any adjournment for the purpose of respondent’s evidence.

6. I have considered the submissions.

7. In view of the submissions made by both the parties. The petitionermanagement is given only one opportunity to lead its evidence before the learned Trial Court on the date to be fixed by the learned Trial Court. Learned Trial Court is requested to fix the date for evidence giving four weeks time to the petitioner-management. However, the petitionermanagement shall bring the witnesses on its own and shall not seek any adjournment for filing the affidavit or producing the witnesses.

8. Respondent no.2-workman shall also be compensated with a cost of Rs.5,000/-in each of the case.

9. With these observations, the writ petitions are allowed and disposed of.

10. The copy of this order be given dasti under the signature of the Court Master.

DINESH KUMAR SHARMA, J NOVEMBER 24, 2022 VERMA