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TUSHAR RAO GEDELA
M. S. Engineers India Pvt. Ltd. – Appellant
Versus
Marion Wuerth India Pvt. Ltd. Through Its Authorised Representative Sh. Vishnu Verma – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Petitioner challenges the order dated 06.07.2022 in CS No. 1030/2016 titled as "Marion Wuerth India Pvt. Ltd. vs. M/s. M.S. Engineers India Pvt. Ltd." whereby the evidence of the petitioner/defendant was closed for the reason that numerous adjournments were already availed of by the learned counsel and that the evidence of the plaintiff was closed as far back as on 13.09.2018.
2. In the order passed by this Court on 22.09.2022 particularly paragraph 7, this Court had noted the details of the relevant dates in the suit, wherefrom the present petition arises. The said paragraph is extracted hereunder :
"7. The list of dates filed with the present petition indicates that
(i) on 6th October 2016, issues were framed in the suit and was posted for PE on 13th September 2018,
(ii) consequent on closure of PE, on 13th September 2018, the matter was listed for DE on 13th November 2018, 14th March 2019, 29th May 2019, 16thOctober 2019, 18thFebruary 2020 and various dates between 4th May 2020 to 31st August 2021,10th February 2022, and 17th May 2022, before DE was closed on 6th July 2022 by the impugn
The court reaffirmed the principle that parties must diligently prosecute their cases and that undue adjournments harm the justice system.
Courts may close plaintiff's evidence after multiple (more than three) wasted opportunities in old suits; delays often due to parties' conduct, not judicial inaction; no interference warranted.
Courts may dismiss petitions due to lackadaisical conduct and unsubstantiated reasons for delay in filing evidence.
Granting leniency to litigants during the pandemic period and allowing one opportunity to lead evidence.
Trial courts must prioritize the merits of cases over procedural technicalities, allowing opportunities to present evidence conditioned on fair costs.
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
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