United Estate Pvt. Ltd. v. United Tower Co. Op Hsg and Anr.
Case brief
What is this about?
no cross order; adjournment refused counsel busy in another Court; Order XVII CPC; Ishwarlal Rathod V/s. Gopal and Ors. 2021 INSC 502; Notice of Motion to recall rejected; cross-examination invaluable right; procedure handmaid of justice; City Civil Court orders quashed; PW1 cross-examination on 23.04.2026 in two sessions; no further adjournment condition; costs Rs. 25,000/- within one week; Bombay High Court Writ Petition 4195/2026; United Estate Pvt. Ltd.; United Tower Co-op. Hng. Society Plaintiffs.
What did the court decide?
The impugned orders dated 11 February 2026 and 11 March 2026 passed by the learned Judge, City Civil Court were quashed and set aside; the Petitioner – Defendant No.1 was permitted to cross-examine the Plaintiff's witness No.1 on 23 April 2026, the cross-examination to be completed in two sessions; the Petitioner shall not seek any adjournment for cross-examination of PW1 or any other witness of the Plaintiffs; and shall pay costs of Rs.25,000/- to the Plaintiffs within one week.