Full Order Text
Order 5 · 28 Apr 2026 · CNR DLET010063622025
Order Details: COPY OF ORDER Pdf Text: CS (COMM) No. 337/25 Bank of Baroda Vs. Mohd. Bilal Saifi 28.04.2026 Present: Ms. Sudha Shukla. Ld. Counsel for plaintiff. Mr. Mohd. Yusuf, Ld. Counsel for defendant. No DW present. However, defendant has moved one application under Order 18 Rule 17 CPC for recalling of PW1 on the ground that his counsel could not appear for cross examination of PW1 on 21.04.2026, as his father was not well and he had to rush to his father to hospital. It is further submitted that the defendant would suffer irreparable loss, if opportunity for cross examination is not granted and application may be allowed. On the other hand, Ld. Counsel for plaintiff has opposed this application on the ground that non-appearance of Ld. Counsel for defendant was intentional and deliberate, as this ground is not cited in entire application. It is further argued that cross examination was not conducted, as copy of affidavit was not supplied 7 days prior to last date of hearing. It is prayed that this application is delay tactic and same is liable to be dismissed. I have heard the arguments and perused the record. Application is well supported by medical document of father of Ld. Counsel for defendant and there is reason to disbelieve the version of Ld. Counsel; accordingly, defendant is granted one opportunity to cross examine PW1 on next date of hearing. It is clarified that no further opportunity shall be granted to defendant, if -- 1 of 2 -- -2- defendant fails to avail this opportunity on the next date of hearing. Application disposed off. Put up for cross examination of PW1 on 01.06.2026. Affidavit in evidence of DW1 filed. Copy supplied. Meanwhile, both the parties are referred to Mediation Cell on 04.05.2026 at 12.00 Noon. (Devender Kumar) District Judge (Commercial Court)-01 East District, Karkardooma Courts, Delhi 28.04.2026 -- 2 of 2 --