The Delhi High Court allowed an application challenging lower court orders that closed the petitioner's right to cross-examine a witness due to the petitioner's counsel's absence caused by a calendar error.
Orders dated 06.12.2024 and 25.11.2024 set aside; opportunity granted to cross-examine DW-1 on next date; no further adjournments allowed.
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.
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AMIT KUMAR .....Petitioner
Through: Mr. Raj Kumar, Advocate
versus
T.R. SAWHNEY PVT. LTD. & ANR. .....Respondents Through: Mr. Sharique Hussain, Advocate for R-2
CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 16.12.2024 CM APPL. 73678/2024 (Exemption)
Allowed, subject to all just exceptions.
Application accordingly stands disposed of.
CM(M) 4092/2024 & CM APPL. 73679/2024 (Stay)
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 18/12/2024 at 11:35:28
RAVINDER DUDEJA, J.
DECEMBER 16, 2024
RM
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 18/12/2024 at 11:35:28
2 issues framed by the court
Whether the petitioner's application for recall of orders dismissing his right to cross-examine a witness due to absent counsel, caused by wrong date noting, should be allowed.
Whether the petitioner is entitled to a single opportunity to cross-examine the witness without further adjournments.
Amit Kumar
T.R. Sawhney Pvt. Ltd.
Anr.
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
