Zenith Cycle Company vs Cosco India Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 521

ALKA SARIN
Zenith Cycle Company – Appellant
Versus
Cosco India Ltd. – Respondent

Advocates appeared:
Mr. Shobit Phutela, Advocate, for the Appellant.;

JUDGMENT

Alka Sarin, J. (Oral) - The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 08.12.2022 (Annexure P-1) whereby the application filed by the defendant-petitioner under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 for recalling PW-1, Sh. Rakesh Khurana, has been dismissed.

2. The brief facts relevant to the present lis are that a suit for recovery of Rs.10,38,400/- along with interest was filed by the plaintiffrespondent on 27.02.2015. The defence of the defendant-petitioner herein was struck off vide order dated 10.01.2017. The application for recalling the order dated 10.01.2017 was also dismissed vide order dated 30.01.2017. A Civil revision was filed in this Court being CR-2729-2017 by the defendantpetitioner challenging the order dated 30.01.2017. Vide order dated 07.02.2019 the said revision petition was permitted to be withdrawn with liberty to incorporate a challenge to order dated 10.01.2017. In the meanwhile, the plaintiff-respondent led it's evidence. The cross-examination of PW1, Rakesh Khurana, was partly done on 05.12.2018 and was further deferred on the request o

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