Full Order Text
Order 12 · 15 Oct 2026 · CNR DLET010004842025
Order Details: COPY OF ORDER Pdf Text: CS (COMM)No. 28/25 Grades Healthcare Pvt. Ltd. Vs. Sangi Healthcare Pvt. Ltd. CNR No. DLET010004842025 15.10.2026 Present: Mr. Bilal Ahmad, Ld. Counsel for plaintiff. Mr. Anil Kr. Saxena and Mr. Rishabh Saxena, Ld. Counsels for defendant. Defendant has filed one application under Order 18 Rule 17 CPC for recalling of PW1 and PW2 to cross examination. Ld. Counsel for defendant has argued that on 01.09.2026, PW1 and PW2 were examined by this court and discharged, whereas he was busy before Hon’ble High Court in a petition filed by the defendant against the order of this court and was listed on the same day. It is further argued that non appearance of the counsel for defendant was neither intentional nor deliberate but due to the reason cited above and defendant has to put only some formal questions to PW1 and PW2 being having no defence on merit and one opportunity may be granted for cross examination of PW1 and PW2 and same may be allowed. On the other hand, Ld. Counsel for plaintiff has argued without filing formal reply to this application and has submitted that defendant is just delaying this case on the one ground or other despite having no defence on merit and this application is also another attempt to delay this case. It is further argued that defendant has also not paid previous cost and application may be dismissed. I have heard the arguments and perused the record. Though conduct of defendant is not upto mark and just delaying this case on the one ground or other, yet plaintiff is not going to prejudice if defendant is granted one opportunity to cross examine PW1 and PW2. Without going into merit of this case, I hereby grant one opportunity -- 1 of 2 -- -2- to defendant to cross examine PW1 and PW2 on next date of hearing subject to availability of witness and payment of cost of Rs. 5,000/- each to both witnesses. Defendant shall also pay previous cost today itself. With these observations application disposed off. Put up for cross examination of PW1and PW2 on 04.11.2026. (Devender Kumar) District Judge (Commercial Court)-01 East District, Karkardooma Courts, Delhi 15.10.2026 -- 2 of 2 --