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TUSHAR RAO GEDELA
Standard Chartered Bank – Appellant
Versus
Supreme Infratech Pvt. Ltd. – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 6610/2023 (Exemption)
1. This is an application seeking exemption from filing legible copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. The application stands disposed of.
CM(M) 221/2023 & CM APPL. 6609/2023 (Stay)
4. The petitioner challenges the order dated 25.07.2022 passed in CS DJ 79017/2016 titled `M/s Supreme Infratech Pvt. Ltd vs. Standard Chartered Bank' whereby the learned Trial Court has closed the opportunity to cross-examine witness PW-1 namely Sh. Vijay Kumar Goel, who was stated to be present on the date when the impugned order was passed.
5. Mr. Sanjay Gupta, learned counsel for the petitioner submits that the reason of the counsel being busy before this Court was already made before the learned Trial Court but was not considered and in a perfunctory manner, the Trial Court has rejected the opportunity to cross-examine the witness.
6. Learned counsel also submits that the examination of PW-1 was subject to the payment of costs, which was imposed upon the respondent/plaintiff and that the said cost imposed upon the respondent/pla
The court emphasized the importance of providing a fair opportunity for cross-examination and ensuring expeditious disposal of the trial.
The interest of substantial justice should prevail over procedural law when there is a conflict between the two.
In the interest of justice, the court may grant an opportunity for further cross-examination if it deems necessary, even if an initial application is rejected.
The court affirmed the essential right to cross-examine witnesses fully, emphasizing no counsel should be compelled to conclude cross-examination in one sitting without justified reasons.
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