JUDGMENT :

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 16.11.2022 passed by the learned Trial Court in CS 52/2017 titled “Tour N Travel Vs. HDFC Bank Ltd. & Anr.” whereby the learned Trial Court has closed the right of the petitioner/defendant to lead evidence.

2. Mr. Hussain, learned counsel appearing on behalf of the petitioner/defendant submits that on one occasion learned Trial Court/Presiding Officer was on leave and on the other occasion, the witness of the petitioner was travelling and for that reason, the witness of the petitioner was unable to appear before the learned Trial Court for recording of the evidence. It is also informed that the evidence by way of an affidavit was already placed on record prior thereto and on that basis, learned counsel submits that there is no wilful delay on the part of the petitioner/defendant.

3. Learned counsel appearing for the petitioner/defendant also submits that one chance may be provided so as to enable the petitioner to make good his case by way of examination of witnesses. Learned counsel submits that it restricts its right to examine only one witness.

4. Mr. M