Sh. Parvesh Bahri vs Harish Chander Bahri

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1880

IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Sh. Parvesh Bahri – Appellant
Versus
Harish Chander Bahri – Respondent
CM(M) 1297 of 2022 & CM APPL. 50973 of 2022
Decided On : 01-02-2023

Advocates appeared:
Ms. Anamika Ghai Niyazi, Mr. Sandeep Khatri and Mr. Shivam Negi, Advocates, for the Petitioner.
Mr. S.C. Singhal, Advocate, for the Respondents.

Headnote:
Opportunity - Recording of Evidence - Medical Condition and Age of Petitioner
Fact of the Case:

The petitioner challenged the order closing the opportunity to record the evidence of a witness due to non-appearance, citing the petitioner's medical condition and age.
Finding of the Court:

The court, considering the petitioner's medical condition and age, allowed one opportunity for the witness to appear and record evidence, subject to costs.
Issues: Challenge to order closing opportunity for recording evidence due to non-appearance of witness
Ratio Decidendi: The court balanced the interests of justice with the petitioner's medical condition and age, allowing one opportunity for the witness to appear and record evidence.
Final Decision: The petition was disposed of, directing the trial court to afford an opportunity for the witness to appear and record evidence, subject to costs.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. With the consent of parties, the present petition is taken up.

2. The petitioner has challenged the order dated 07.09.2022 whereby the learned Trial Court has closed the opportunity to record the evidence of PW-1, that is, Mr. Parvesh Bahri for the reason that number of opportunities were granted and yet he was not present in the Court for the said purpose.

3. Ms. Anamika Ghai Niyazi, learned counsel submits that the petitioner is a senior citizen suffering from Parkinson disease and visiting abroad for the purpose of getting treatment under the guidance of his son.

4. Mr. Singhal, learned counsel appears for the respondent and opposes the reasons stated for such prayer, however, submits that keeping in view the age and the stated medical condition of the petitioner, the respondent would not object to one opportunity being given for recording evidence of PW1.

5. In view of the aforesaid submissions, this Court is also of the opinion, keeping in view the medical condition of the petitioner as well as his age, that interests of justice would be sub-served if one opportunity is given to PW-1, Mr. Parvesh Bahri to appear before the learned Trial Court and record his evidence.

6. Accordingly, learned Trial Court shall afford an opportunity to Mr. Parvesh Bahri to appear as PW-1 and get his evidence recorded in accordance with law, however, subject to Rs.30,000/- as costs, being paid by the petitioner to the respondent within one week from today.

7. It is informed that the matter is listed on 28.02.2023. It is also informed that the affidavit of evidence of PW-1 is already on record.

8. Learned Trial Court is directed to commence the recording of evidence on 28.02.2023, and on subsequent dates as convenient to the learned Trial Court.

9. With the aforesaid directions, the petition is disposed of.

Click Here to Read the rest of this document