Saroj challenged the dismissal of their application to recall Management Witness No. 1 for cross-examination. The High Court found no justification for recall at such a belated stage post-arguments and dismissed the petition.
Application for recall of witness dismissed; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~86
SAROJ .....Petitioner
Through: Mr. Chirayu Jain, Adv.
versus
MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Ms. Sriparna Chatterjee, SC with Mr. Soumitra Chatterjee & Mr. Manish, Advs.
CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R % 11.11.2024 CM APPL. 65189/2024 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
CM(M) 3782/2024 & CM APPL. 65188/2024 (Interim Relief)
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2024 at 12:09:10
dates and such cross examination was concluded on 02.12.2022, the matter was then adjourned for final arguments. Even the arguments were addressed by both sides on 17.02.2023. It appears that the matter could not be disposed of only for the reason that certain legible documents were not placed on record by the parties and therefore workman/petitioner was directed to file the same, it was only thereafter that the application was filed by the workman/petitioner on 21st March 2024 for recall of MW-1 for cross-examination.
RAVINDER DUDEJA, J.
NOVEMBER 11, 2024 / sk
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2024 at 12:09:10
3 issues framed by the court
Whether the High Court should recall a witness for cross-examination at a belated stage when arguments have already concluded.
Whether change of counsel constitutes a valid ground for recalling a witness for cross-examination.
Whether the application for recall of the management witness has merit.
Saroj
Municipal Corporation of Delhi
Ravinder Dudeja
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
