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TUSHAR RAO GEDELA
Northern India Tiles Corporation – Appellant
Versus
Jindal Charitable Trust – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APP No. 20979/2023
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 674/2023 & CM APP No. 20980/2023 (Stay)
3. The petitioner/defendant challenges the order dated 14.02.2023 as well as the order dated 02.11.2022 in Ex. No. 77731/2016 titled Jindal Charitable Trust vs. M/s Northern India Tiles Corporation, whereby vide the order dated 02.11.2022 the opportunity to cross-examine PW-1 was closed and vide the order dated 14.02.2023 an application seeking recall of the order dated 02.11.2022 seeking an opportunity to cross- examine PW-1 was dismissed.
4. Mr. P.K. Rawal, learned counsel appearing for the petitioner/defendant submits that the evidence of PW-1 was filed on 18.10.2019 whereafter, for various reasons as also for the reason that COVID-19 had created a havoc for almost two years, the evidence of PW-1 was not tendered. Learned counsel submits that it was only on 02.11.2022 when the evidence of PW-1 by way of an affidavit was tendered.
5. Learned counsel submits that since the counsel was not well on 02.11.2022, the colleague of the s
The denial of an opportunity to cross-examine a witness is a violation of natural justice and could have a deleterious effect on the petitioner's stand before the trial court.
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 right to effective cross-examination is fundamental to a fair trial, and parties must be given adequate opportunities to present their defenses, particularly when prior cross-examinations were in....
The denial of cross-examination constitutes serious procedural injustice, necessitating exercise of inherent powers for fairness and justice.
The interest of substantial justice should prevail over procedural law when there is a conflict between the two.
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