JUDGMENT

Dated this the 11th day of January, 2022 The sole defendant in C.S.73/2021 pending before the Principal Sub Court (Commercial Court), Thiruvananthapuram is aggrieved in the matter of non-granting of time prayed for by the defendant for cross-examining an official witness to prove one document in this case.

2. As per the admitted case of the petitioner itself as stated in paragraph 7 of this petition, it could be gathered that the opportunity given by the trial court for cross-examining witness was not made use of by the petitioner and the petitioner sought for adjournment. According to the learned counsel for the petitioner, it is at this juncture, the trial court recorded no cross. Anyhow, no materials placed before this Court to substantiate his contention. At the time of hearing this matter on admission, it is submitted by the learned counsel for the petitioner that the petitioner has filed another petition today before the trial court for recalling the witness for the purpose of cross-examination. Therefore, the petitioner is satisfied with a direction to the trial court to consider and pass appropriate orders in the above petition.

3. The crux of the dispute is confined to denial of one more opportunity sought for by the petitioner to cross- examine the witness. Therefore, I am inclined to dispose of this Original Petition after dispensing notice to the other side, with a direction to the trial court to consider and pass orders in the petition filed by the petitioner for recalling the witness.

4. It is submitted by the learned counsel for the petitioner that I.A.No.8/2021 seeking permission to defend the case filed by the petitioner also is pending. The trial court is directed to dispose of the same also in view of the spirit of the provision facilitating the defendant put up his evidence to support the defence case. Needless to say that the petitioner shall be bear the entire cost for summoning the witness again.

Registry is directed to forward a copy of this judgment to the court below concerned, within seven days, for compliance and information.

This Original Petition (Civil) stands disposed of.

Sd/-

A. BADHARUDEEN JUDGE

nkr

APPENDIX OF OP(C) 56/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT FILED BY THE RESPONDENT DATED 15/3/2021 CS 73/2021 PRINCIPAL SUB COURT TVM.

Exhibit P2 TRUE COPY OF DOCUMENT DATED 23.12.2019 PRODUCED BEFORE THE HONOURABLE SUB COURT (COMMERCIAL COURT) THIRUVANANTHAPURAM.

Exhibit P3 TRUE COPY OF DOCUMENT DATED 10.12.2020 PRODUCED BEFORE THE HONOURABLE SUB COURT (COMMERCIAL COURT) THIRUVANANTHAPURAM.

Exhibit P4 THE COMPUTER COPY OF THE ORDER DATED

10/1/2022 PASSED BY THE HONOURABLE SUB COURT,(COMMERCIAL COURT)

THIRUVANANTHAPURAM.