H.S. Oberoi Buildtech Pvt. Ltd. Vs Superior Glass Pvt. Ltd. — Delhi HC (2025) — LawSathi Research

H.S. Oberoi Buildtech Pvt. Ltd. Vs Superior Glass Pvt. Ltd. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One final opportunity granted to the defendant to complete its evidence: DW1 Mr. M.S. Oberoi directed to appear before the learned Trial Court on 17.04.2025 at 10.00 AM for examination and cross-examination the same day; Trial Court given liberty to hear final arguments the same day; conditioned on payment of Rs. 25,000/- cost by the petitioner-defendant to the opposite side on 17.04.2025.

Issue for consideration

Whether the defendant (petitioner herein) should be granted one further opportunity to complete the evidence of its solitary witness DW1 Mr. M.S. Oberoi, after the Trial Court declined adjournment on 10.03.2025 and closed its opportunity to lead evidence, and on what terms/conditions.

Court's answer

This court disposed of the petition with the direction that DW1 Mr. M.S. Oberoi shall appear before the learned Trial Court on 17.04.2025 at 10.00 AM and, as per the Trial Court's board position, be examined and cross-examined the same day — i.e., one final evidence opportunity was afforded to the defendant.

Ratio / Principle

The learned Trial Court, as per its own board position and convenience, is at liberty to hear final arguments on that same day (17.04.2025).

Key takeaways

For causing delay in the matter, the petitioner (the defendant-company) is burdened with a cost of Rs. 25,000/-, to be paid to the opposite side (respondent/plaintiff) on the fixed date of 17.04.2025 — the 'stringent condition' attached to the grant of the further opportunity.ratio¶20
The petition, along with all pending applications, stands disposed of in these terms.ratio¶20

Detailed headnote1 paragraphs

Delhi High Court (ManoJ Jain, J., oral judgment, dated 09.04.2025) — CM(M) 669/2025, H.S. Oberoi Buildtech Pvt. Ltd. (petitioner/defendant) v. Superior Glass Pvt. Ltd. (respondent/plaintiff). The Trial Court had, on 10.03.2025, declined the defendant's request for adjournment and closed its opportunity to lead evidence in a recovery suit of Rs. 7,32,564/- with interest. On petitioner counsel's undertaking that DW1 Mr. M.S. Oberoi would appear, and with respondent counsel's concurrence subject to stringent conditions, the High Court disposed of the petition, directing that DW1 appear before the Trial Court on 17.04.2025 at 10.00 AM for examination and cross-examination the same day, giving the Trial Court liberty to take final arguments the same day, and burdening the petitioner-defendant with Rs. 25,000/- cost payable to the opposite side on that date for the delay caused.

$~59

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 09^th April, 2025

- CM(M) 669/2025 & CM APPL. 21261-21262/2025

H.S. OBEROI BUILDTECH PVT. LTD. .....Petitioner

Through: Mr. Pawan Kumar Mittal, Advocate

versus

SUPERIOR GLASS PVT. LTD. .....Respondent Through: Mr. Anubhav Bhasin, Advocate (Through VC)

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

Issue involved in the present petition is very short and precise.

Petitioner is defending a suit for recovery of Rs. 7,32,564/- with interest etc.

When the matter was taken up by learned Trial Court on 10.03.2025, it declined the request of adjournment coming from the side of defendant and, resultantly, closed its opportunity to lead evidence.

Mr. Pawan Kumar Mittal, learned counsel for petitioner does admit that the matter was not defended by the defendant in the manner it should have been but he submits that the matter is now fixed for further consideration before the learned Trial Court on 17^th instant and he would ensure that the solitary defendant witness i.e. DW1 Mr. M.S. Oberoi appears before the learned Trial Court so that his examination and cross-examination is concluded and, thereafter, the learned Trial Court may even hear the final arguments. He submits that there is no intention whatsoever to delay the matter any further. He leaves to the discretion of this Court to put them to

CM(M) 669/2025 1

Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 9.04.2025 20:52:37

any terms.

On the basis of request made by this Court, Mr. Pawan Kumar Mittal, learned counsel for petitioner contacted Mr. Anubhav Bhasin, learned counsel for respondent/plaintiff who has joined the proceedings through videoconferencing. He submits that the conduct of the defendant does not deserve any compassion or leniency but keeping in mind the aforesaid statement made by Mr. Pawan Kumar Mittal, he would have no objection if one opportunity is granted to them with some stringent conditions.

Affidavit of DW1 Mr. M.S. Oberoi is already, reportedly, on record. 7. Keeping in mind the aforesaid, present petition is disposed of with the direction that DW1 Mr. M.S. Oberoi shall appear before the learned Trial Court on 17.04.2025 at 10.00 AM so that as per the board position of learned Trial Court, he is examined and cross-examined same day.

Learned Trial Court, as per its board position and convenience, would also be at liberty to hear final arguments same day. 9. However, for causing delay in the matter, petitioner herein i.e. defendant-company is burdened with cost of Rs. 25,000/- which shall be paid to the opposite side on the aforesaid fixed date i.e. 17.04.2025. 10. Petition, along with all the pending applications, stands disposed of in the aforesaid terms.

A copy of this order be given dasti , under the signatures of Court Master.

(MANOJ JAIN) JUDGE

APRIL 9, 2025/ dr/pb

CM(M) 669/2025 2

Signature Not Verified

Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 9.04.2025 20:52:37