Order 19

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 801/23
ARANKA INDUSTRIES PRIVATE LIMITED Vs. SEDAN
ENGINEERING ENTERPRISE
01.10.2024
Pr: Sh. Vijay Singh and Ms. Neetu Singh, Ld. counsel for the
plaintiff along with plaintiff in person.
Sh. Manish Bayala, Ld. counsel for the defendant has
joined through video conferencing.
Defendant in person.
An application has been moved on behalf of the defendant
for seeking waiver of cost imposed by the court vide order dated
07.08.24. It is stated that father of the AR of the defendant had
expired and that is why he could not come and since the counsel
needed instructions, cross-examination could not be conducted.
In my view, if on any material issue, he required
instructions, cross-examination could have been deferred but this
itself is not any ground not to cross-examine the witness when
the matter is listed for cross-examination. However, it totality,
this application is disposed off with direction that the cost is
reduced to Rs.5,000/-. Cost paid by the defendant to the plaintiff.
Application is disposed off accordingly.
Further an application has been moved U/O XI Rule 1
(10) r/w Section 151 CPC moved on behalf of the defendant for
seeking leave to file certain additional documents stating that on
the notice received from the GST, the defendant had deposited a
particular amount and they wish to file those documents which
are relevant for deciding the controversy. After hearing, this
application is allowed. Documents are taken on record. This
application is disposed off accordingly.
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Put up for cross-examination of PW1 on 08.11.24. If no
cross-examination takes place on the next date of hearing, the
court shall close the cross-examination of PW1.
(Deepak Garg)
Distt. Judge, (Comm. Court)-09,
Central District, THC : Delhi : 01.10.24
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