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2022 Supreme(Online)(KER) 53770

HIGH COURT OF KERALA
M/S.CAPITAL RETREAT PVT. LTD – Appellant
Versus
GOPAKUMAR B NAIR – Respondent


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

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