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2014 Supreme(Kar) 679

D.H.WAGHELA, R.B.BUDIHAL
Perfect Polybaags Private Ltd. – Appellant
Versus
Canara Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Shivayogi B. Hallur, Advocate.
For the Respondent:Brijesh Chander Guru, Advocate.

Order

D.H. Waghela, J.

1. The appellants have preferred this appeal from order dated 24.07.2014 of learned Single Judge in Writ Petition No.58039/2013, whereby the appellants' challenge to order dated 25.11.2013 in petitioner's interim application No.3685/2013 in O.A.No.239/2011 pending before DRT, Bengaluru, has been spurned. The short interim order which was under challenge before learned Single Judge read as under:

"2. Having heard Sri. R.L. Patil, learned senior counsel and perused Rule 12(6) of the RDDBFI (Procedure) Rules, 1993 and regard being had to the admitted fact that petitioner, a party defendant in O.A.239/2011 did not file an affidavit by way of evidence, but filed IA No.3685/2013 to permit cross-examination of AW-1, the witness for the Bank, no exception can be taken to the rejection of that application."

2. While dismissing the petition, learned Single Judge has clearly observed in the operative part of the order as under:

"3. Reserving liberty to the petitioner to file the affidavit of evidence before the DRT and thereafter wards, if so desirable, file an application to permit cross-examination of the witnesses for the Bank, which, if made, there is no reason to believ


















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