Interim Order 18

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CS (COMM) 540/24
M/S GREATEX SYNTHETICS PVT. LTD. Vs. M/S DAMY
ROYAL STYLE PVT. LTD.
04.06.2026
Present: Sh. Subhash Chandra, Counsel for Plaintiff.
Sh. Deepanshu Joshi, Counsel for Defendant.
Defendant witness Sh. Damneesh Yadav is present.
Counsel for the defendant submits that today matter
is listed for the defendant evidence. During the course of putting
exhibits on documents, counsel for the plaintiff has raised some
objections regarding marking/exhibits in the absence of
certificate under section 65 B of the Indian Evidence Act. It is
submitted by counsel for the defendant that matter may be
passover for one hour for filing the said affidavit. Counsel for the
plaintiff submits that the evidence of plaintiff was closed on
15.09.2025 by Learned Predecessor and thereafter matter was
listed for defendant’s evidence on 06.11.2025 but since then
defendant has not been leading evidence on one pretext or other,
moreover, if any affidavit under section 65B of the Indian
Evidence Act was to be filed by the defendant then it should have
been filed earlier but not now.
Heard. Record perused.
Submissions of counsel for the plaintiff appears to
be correct.
Keeping in view the aforesaid facts and
circumstances, particularly, defendant was having sufficient time
to file the said affidavit but he failed to do so. Therefore, now the
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request of counsel for the defendant for seeking passover for
filing the said affidavit is declined.
At this stage, DW-1 Sh. Damneesh Yadav tendered
his evidence by way of affidavit, DW-1 is examined-in-chief,
cross-examined and discharge.
Counsel for the defendant submits that he has filed
an application under Order XVI Rule 1 & 6 of CPC read with
section 151 of CPC for summoning the witness and production of
documents.
Copy already supplied to the counsel for the
plaintiff.
Counsel for the plaintiff submits that defendant has
not filed any list of witness within 15 days after framing of
issues, therefore, now no new witness can be summoned at this
stage. It is prayed that DE may be closed.
At this stage, counsel for the defendant submits that
he wants to file some citations in support of his arguments
regarding summoning the additional witness without filing the
list of witness within 15 days after framing of issues.
Heard.
Put up for filing citations/further proceedings on
15.07.2026.
(R.L. Meena)
District Judge (Commercial Court-06)
Tis Hazari Courts, Delhi
04.06.2026(v)
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