Back
MANMEET PRITAM SINGH ARORA
Blj Resources And Chemicals Pvt. Ltd. – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 58332/2023 (for early hearing)
1. This is an application seeking early hearing in this petition. The learned counsel for the Respondent has entered appearance.
2. With the consent of the parties, the matter is taken up on board today for disposal.
3. Accordingly, the application stands allowed.
CM(M) 927/2023 & CM APPL. 58331/2023
4. The present petition filed under Article 227 of the Constitution of India impugns the order 09.05.2023 passed by the Additional District Judge - 04, North-West, Rohini Court, New Delhi in CS DJ No.78104/2016, titled as M/s. BLJ Resources and Chemicals Private Limited Vs. Standard Chartered Bank (`Trial Court') whereby the Trial Court has closed the right of the Petitioner herein to cross-examine the Defendant Witness i.e., DW-1.
4.1. The Petitioner has therefore filed the present petition seeking an opportunity to cross-examine the Defendant Witness i.e., DW-1.
5. The Petitioner is the original plaintiff and the Respondent is the original defendant in the civil suit. The civil suit was filed for recovery of Rs. 23,59,560/- along with damages of Rs. 5,00,000/-
6. The learned counsel for the Petitione
The court emphasized the importance of providing a fair opportunity for cross-examination and ensuring expeditious disposal of the trial.
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.
The interest of substantial justice should prevail over procedural law when there is a conflict between the two.
Default in prosecuting legal matters justifies closure of cross-examination rights; adjournments must be justified to ensure speedy court proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
