The court maintains its discretionary power to regulate trial proceedings and witness cross-examination, ensuring procedural compliance while accommodating undertakings to avoid further delays.

O R D E R

I.A. 19559/2025 (u/S 151 CPC seeking additional opportunity to complete cross-examination of PW-1)

I.A. 21094/2025 (u/S 151 CPC to close the right of Defendant to further cross-examine PW-1 and dismiss the application being I.A. 19559/2025)

1. On 01.10.2024, Court had permitted the Defendants to cross-examine PW-1 subject to certain conditions. It was directed that Defendants shall cross-examine for a maximum period of 4 hours and only one opportunity of cross-examination of PW-1 shall be given. It was further directed that in the event PW-1 was not cross-examined on the date fixed by the Local Commissioner, right of the Defendants to conduct further cross-examination of PW-1 shall stand closed. Relevant part of the order is as under:-

“5. Having heard the counsel for the parties. I am of the view that in the interest of justice, one final opportunity should be given to the defendants to conclude the cross examination of PW-1, subject to the defendants reimbursing the plaintiffs towards the costs incurred. Accordingly, it is directed as follows:-

i. Parties/counsel shall appear before the Local Commissioner on 15th October, 2024.

ii. The Local Commissioner shall give one date for conducting the cross examination of PW-1 after confirming his availability from the plaintiffs’ counsel.

iii. The defendants shall be given only one opportunity for cross examining PW-1 for a maximum period of four hours.

iv. It is made clear that in the event PW-1 is not cross examined by the defendants on the date fixed by the Local Commissioner, the right of the defendants to conduct further cross examination of PW-1 shall stand closed.

v. The defendants shall pay costs of Rs.3,50,000/- to the plaintiffs on account of adjournments taken by the defendants in the examination of plaintiffs’ witness. The aforesaid costs will be paid within two weeks from today.”

2. Defendants have now filed I.A. 19559/2025 seeking additional opportunity to cross-examine PW-1, which is strongly opposed by Mr. Anand, appearing for the Plaintiffs. It is submitted by Mr. Anand that Defendants are deliberately delaying the trial and this is causing grave prejudice to the Plaintiffs.

3. Counsel for the Defendants, on instructions, submits that further time be granted for cross-examining PW-1 since the cross-examination was not concluded on the last date fixed by the Local Commissioner. He further submits that under no circumstances further time will be sought and cross-examination of PW-1 will be concluded on the next date fixed by the Local Commissioner as also that Defendants shall bear half of the expenses incurred on cross-examination on the next date. Mr. Anand has no objection to this course of action, subject to the Defendants abiding by the undertaking given today.

4. Accordingly, it is directed that parties shall approach the Local Commissioner for fixing a date for cross-examination of PW-1 by the Defendants. Expenses incurred for recording the evidence of PW-1 on the said date shall be shared equally by the parties. Undertaking of the Defendants that they will conclude the cross-examination of PW-1 on the date fixed by the Local Commissioner and will not seek additional opportunity, is taken on record and accepted.

5. In light of this, the evidence of PW-1 shall stand concluded on the date fixed by the Local Commissioner, whereafter the witness will be discharged.

6. Both applications stand disposed of in the aforesaid terms.

CS(COMM) 226/2019

7. List before Court after the evidence is concluded.