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
| 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.
The court emphasizes the management's duty to present witnesses promptly with no adjournments, allowing one final opportunity to lead evidence under strict conditions.
The court has the discretion to allow one opportunity to examine a witness when their evidence could not be recorded due to external factors, balancing the interest of justice with the impact of such....
Petitioners must be granted sufficient opportunities to lead evidence in court proceedings, with conditions imposed to prevent delay and frivolous adjournments.
The court upheld the necessity for timely evidence submission while allowing one last opportunity for the petitioner, emphasizing procedural diligence.
The main legal point established is that the Trial Court should consider the reasons for adjournments and afford opportunities to parties to lead evidence, especially when the delay is not attributab....
The right to fair trial and the importance of parties defending their cases by leading cogent evidence.
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