JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the orders dated 12.03.2018 and 31.05.2018 passed in CS DJ ADJ 99/2016 (16164/2016) titled 'Sharons Link Logistics vs. UNI Trade Logistics' whereby the learned Trial Court had permitted the respondent/defendant to cross-examine the summoned witnesses namely PW-2 and PW-3 appearing on behalf of two different banks.

2. Mr. Pranav Sapra, learned counsel for the petitioner submits that an objection under Section 139 of the Indian Evidence Act, 1872 (in short "Evidence Act") was raised before the learned Trial Court while the PW-3 Mr. Anupam Kamal, Service Manager, Kotal Mahindra Bank and PW-2 Mr. Manik Vishwakarma, Deputy Manager, ICICI Bank, Vasant Vihar, New Delhi were being examined and cross-examined.

3. Learned counsel submits that the provisions of Section 139 of Evidence Act are very clear, in that, the summoned witnesses from whom the production of documents is sought, are not witnesses as understood in the ordinary parlance and therefore cannot be put to cross- examination by the other side.

4. Learned counsel further submits that the part cross-examina