M/S Lakshmi Gold Khazaanaa Pvt. Ltd., v. M/S Power Smart Media (Opc) Pvt. Ltd.
Case brief
What is this about?
Karnataka High Court, Bengaluru; Writ Petition No. 6052 of 2026 (GM-CPC); decided 09.03.2026 by H.T. Narendra Prasad, J.; Article 227 supervision; refusal to interfere with Trial Court order dismissing I.A.Nos.9-11 in commercial suit Com.O.S.No.738/2023; recall and reopening of PW.1 denied after cross-examination concluded; repeated/serial applications for recalling witness discouraged; Section 151 CPC; Order XVIII Rule 17 CPC; Section 63 Indian Evidence Act; Order XI Rule 1(1) Commercial Courts Act 2015; secondary evidence; sufficient opportunity doctrine; suit claims of Rs.2,83,00,000/- balance sale consideration, Rs.17,00,000/- TDS, Rs.1,60,95,000/- interest and Rs.7,76,65,169/- equipment value noted as suit reliefs only; writ petition dismissed.
What did the court decide?
The Trial Court granted sufficient opportunities to the plaintiff to complete the evidence; earlier applications seeking similar reliefs had already been dismissed with costs, and despite that the plaintiff once again filed the present applications seeking recall and reopening even after the cross-examination of PW.1 was completed.