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HIGH COURT OF DELHI
CM(M)1093/2017
INDIAN BANK Petitioner
Through: Mr.Brijesh Kumar Tamber,Adv.
NATIONAL SEEDS CORPORATION LTD
Through: Mr. Yashvardhan Agnihotri,Advs.
12.10.2017
ORDER
1. This order is in continuation ofthe earlier order dated 21^ September,
2017.
2. Notice ordered to be issued to the respondent/ plaintiffis reported to have been served and the counselforthe respondent/plaintiffappears.
3. The counsel for the respondent / plaintiff states that the impugned orderclosingthe evidenceofthe petitioner/defendantisjustified.
4. I have also in order dated 27* September, 2017 observed so but neverthelessissued notice ofthe petition onlyforthe reason ofthe petitioner / defendant being a Public Sector Bank and the respondent / plaintiffalso being aPublic Sector Undertaking.
5. For the aforesaid reasons, it has been enquired from the counsel for the petitioner / defendant as to how many witnesses the petitioner / defendant has to examine. CM(M)1093/2017 page 1 of[3] 2017:DHC:8810 M
6. The counsel for the petitioner / defendant states that three witnesses have to be examined and on further enquiry states that no list of witnesses has been filed.
7. I have perused the issues framed in the suit and the same do notentitle the petitioner / defendant to examine three witnesses, particularly when the counsel for the petitioner/defendanttoday is unable to even state why three witnesses need to be examined.
8. On enquiry,it is informed thatthe nextdate in the suit is 28""October,
2017.
9. Subjectto the conditions:-
(i) that the petitioner / defendant files affidavit by way of examination-in-chief with advance copy thereof personally delivered to the counsel for the respondent / plaintiff on or before 24^^ October,2017;
(ii) the petitioner/defendant producing the said witness at his own responsibility before the learned Additional District Judge on 28'^'October,2017 and on any other date to which the recording ofevidence ofthe said witness may be adjourned;and,
(iii) the petitioner / defendant pays costs of Rs.25,000/- to the counsel for the respondent/plaintiffon or before 24^ October,
2017. the petitioner / defendant is permitted to lead evidence of only one witness in the suit.
10. It is however made clear that ifthere is any default in complying with anyofthe aforesaid conditions,nofurtheropportunity shall be given and the CM(M)1093/2017 ^ petitioner/defendantshall not be entitled to any latitude.
12. The petition is disposed of.
13. Thecoststobepaidbythepetitioner/deJefldant^B^lc__ OCTOBER 12,2017 PP •• CM(M)1093/2017 RAJIV SAHAIENDLAW,J page3of[3]