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TUSHAR RAO GEDELA
Mahinder Singh – Appellant
Versus
Cosco Blossoms Private Limited – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 6282/2023 (Exemption)
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 6283/2023 (Delay in refiling)
3. This is an application seeking condonation of delay in re-filing the present petition.
4. For the reasons stated in the application, the application is allowed. The delay of 40 days in re-filing the present petition is condoned.
5. The application is disposed of.
CM(M) 210/2023 & CM APPL. 6281/2023 (Stay)
6. With the consent of the parties, the present petition is taken up for disposal today.
7. Petitioner challenges the order dated 20.09.2022 passed in CS No. 56263/2016 tiled "M/S. Cosco Blossoms Pvt. Ltd. & Anr. vs. Central Bank of India & Ors.", whereby the request of the petitioner to recall Mr. Suresh Goel, that is, PW-1 for further examination in order to enable the petitioner to confront the said witness with the letter dated 09.02.2013, was rejected.
8. The said rejection was on the basis of the statement tendered by the learned counsel appearing for the respondent/plaintiff admitting the said letter on behalf of the res
In cases where the truth of a transaction is at issue, the court may allow further cross-examination of a witness, even if a document has been admitted, to ensure the interests of justice are served.
The court ruled that procedural rules should facilitate justice, allowing further cross-examination of a witness to ensure fairness in the trial process.
The duty of the court is to take necessary steps to get to the truth of the matter and decide cases based on relevant material, while cautioning against routine use of the power to recall witnesses a....
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
The court has the discretion to allow the recall of a witness for examination on restricted issues based on new information brought to light during the proceedings.
The necessity of cross-examination for uncovering the truth and adhering to the principles of the Indian Evidence Act, 1872.
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