M/S INSPIRE EXIM PVT. LTD. & ANR. v. M/S JAIN BROTHERS SANITATION PVT. LTD. & ANR.

Delhi High Court · 19 Sep 2025 · 2025:DHC:8335
Girish Kathpalia
CM(M) 1524/2025
2025:DHC:8335
civil appeal_allowed

AI Summary

The High Court allowed the petitioners one final opportunity to conclude cross-examination previously closed by the trial court, subject to payment of costs and strict time limits, to ensure fair trial and expeditious disposal.

Full Text
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CM(M) 1524/2025
HIGH COURT OF DELHI
Date of Decision: 19.09.2025
CM(M) 1524/2025, CM APPL. 50137/2025 & CM APPL.
50136/2025 M/S INSPIRE EXIM PVT. LTD. & ANR. .....Petitioners
Through: Ms. Nitika Bhutani, Mr. Mohit Morya and Mr. Safal Budhiraja, Advocates.
VERSUS
M/S JAIN BROTHERS SANITATION PVT. LTD. & ANR. .....Respondents
Through: Mr. K. K. Aggarwal, Ms. Gayatri Aggarwal and Ms. Sangeeta Dass, Advocates.
CORAM: JUSTICE GIRISH KATHPALIA O R D E R
JUDGMENT

2. Learned counsel for respondents/plaintiffs appearing on service of notice submits at the outset that in the interest of expeditious disposal of the suit, he has no objection if the petitioners/defendants are granted one and only one opportunity to conclude cross-examination of authorized representative of respondents/plaintiffs subject to payment of cost. (ORAL)

1. Petitioners have assailed order dated 24.05.2025 of the learned Commercial Court, whereby right of petitioners/defendants to cross-examine the authorized representative of respondents/plaintiffs was closed. CM(M) 1524/2025 pages

3. Learned counsel for petitioners/defendants submits that she needs only one hour to conclude cross-examination of authorized representative of respondents/plaintiffs.

4. Accordingly, with consent of both sides, the impugned order is set aside subject to the petitioners/defendants paying cost of Rs. 20,000/- to authorized representative of respondents/plaintiffs through counsel at least one week before the next date i.e., 14.10.2025 already fixed before the trial court. On 14.10.2025, the authorized representative of the respondents/plaintiffs shall be cross-examined and the entire crossexamination shall be concluded within one hour on the same date. It is also made clear that after 14.10.2025, the petitioners/defendants shall be granted only two opportunities to conclude their evidence without seeking any adjournment. In case, the cost is not paid a week before 14.10.2025, no further opportunity shall be granted.

5. Accordingly, the petition and the pending applications stand disposed of.

GIRISH KATHPALIA (JUDGE) SEPTEMBER 19, 2025