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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Statesman Limited - Appellant
Versus
Government of NCT of Delhi - Respondent
W.P.(C) 16189 of 2022, CM Appl. 50650 of 2022, W.P.(C) 16193 of 2022, CM Appl. 50656 of 2022, W.P.(C) 16213 of 2022, CM Appl. 50710 of 2022, W.P.(C) 16215 of 2022, CM Appl. 50716 of 2022, W.P.(C) 16219 of 2022, CM Appl. 50747 of 2022 and W.P.(C) 16230 of
Decided On : 24-11-2022




The court emphasizes the management's duty to present witnesses promptly with no adjournments, allowing one final opportunity to lead evidence under strict conditions.

Headnote:(A) Evidence Act, 1872 - Relevant provisions regarding the closure of evidence - The court allows the management one opportunity to lead its evidence before the Trial Court, stressing no adjournments and emphasizing the management's responsibility to produce witnesses on its own. (Paras 1-7)

(B) Costs - The workman is awarded a cost of Rs.5,000/- in each case. (Para 8)

Facts of the case:
The writ petitions challenge an order closing the management's evidence, with the management requesting an opportunity to present witnesses. The court considered submissions regarding time for evidence and costs.

Findings of Court:
The court grants one opportunity to lead evidence and imposes costs on the petitioner-management.

Issues: The main issues include the management's request for evidence and the conditions under which they can present it.

Ratio Decidendi: The court held that while evidence was to be closed, fairness necessitated one final chance for management with strict conditions to prevent delays.

Result: Writ petitions allowed and disposed of.

Table of Content
1. writ petitions challenge closure of management evidence. (Para 1)
2. management's request to present witnesses with conditions. (Para 2 , 3 , 4 , 5)
3. court grants management opportunity to present evidence. (Para 6 , 7)
4. workman compensation ordered. (Para 8)
5. writ petitions disposed of with order. (Para 9 , 10)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CM APPLs. 50651-52/2022 (exemptions) in W.P.(C) 16189/2022

CM APPLs. 50657-58/2022 (exemptions) in W.P.(C) 16193/2022

CM APPLs. 50711-12/2022 (exemptions) in W.P.(C)16213/2022

CM APPL's 50717-18/2022 (exemptions) in W.P.(C)16215/2022

CM APPLs. 50748-49/2022 (exemptions) in W.P.(C) 16219/2022

CM APPLs. 50794-95/2022(exemptions) in W.P.(C) 16230/2022

Exemptions are allowed subject to all just exceptions.

Applications stand disposed of.

W.P.(C) 16189/2022, W.P.(C) 16193/2022, W.P.(C) 16213/2022, W.P.(C) 16215/2022, W.P.(C) 16219/2022 and W.P.(C) 16230/2022

1. The present writ petitions have been filed challenging the order dated 26th September, 2022, whereby the evidence of the management has been closed.

2. Learned counsel for the petitioner-management submits that the petitioner-management may be given only one opportunity to lead the evidence. Learned counsel submits that the management will examine maximum two witnesses.

3. It has further been submitted that the petitioner-management shall bring the witnesses on its own and shall not seek any adjournment.

4. Learned counsel for the petitioner-management submits that since the record is in Kolkata, he may be given four weeks to produce the witnesses.

5. Learned counsel for the respondent No.2 submits that the request of the petitioner may be allowed subject to heavy cost. It has further been submitted that the petitioner shall not seek any adjournment for the purpose of respondent's evidence.

6. I have considered the submissions.

7. In view of the submissions made by both the parties. The petitioner-management is given only one opportunity to lead its evidence before the learned Trial Court on the date to be fixed by the learned Trial Court. Learned Trial Court is requested to fix the date for evidence giving four weeks time to the petitioner-management. However, the petitioner-management shall bring the witnesses on its own and shall not seek any adjournment for filing the affidavit or producing the witnesses.

8. Respondent no.2-workman shall also be compensated with a cost of Rs.5,000/- in each of the case.

9. With these observations, the writ petitions are allowed and disposed of.

10. The copy of this order be given dasti under the signature of the Court Master.

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